Key licensing considerations you need to know this summer

Ever the optimist, I know things will change. Before too long, the sun will come out to play and hospitality businesses up and down the land will be doing what they do best; keeping us fed, watered and entertained.

But while it is doing do, the sector needs to look after itself.

Good customer service is vital to ensuring repeat business and a good reputation, but failing to run your premises according to your licence could result in closure.

Never fear, help is at hand with these top tips on getting to grips with your licence and avoiding a pesky review.

• Know your licence like the back of your hand

It sounds like it really doesn’t need to be said, but you’d be amazed how many operators discover mid-summer their licence doesn’t actually cover what they want to do. Now is time to give it a proper read before the rush starts.

Check your hours. Can you open for as long as you want? Is an earlier terminal hour spoiling the fun? Double check as you may have seasonal hours that mean your summer trading is different.

Check your on/off sales situation. If your garden or outdoor area is not within your licensed areas on your plan, you will need off sales on your licence. The same is true if you have a pavement licence.

Watch out for conditions on your licence that require you to use plastics or toughened glass in outdoor spaces.

• Manage your outdoor spaces

When the weather is nice, many will want to sit indoors in air-conditioned comfort but many will want to sit outside and soak up some Vitamin D with their drink. Customers will love your outdoors, but, if you get it wrong, councils and neighbours may not like it so much.

Consider if there are any conditions on your licence relating to the use of any outside space. Are there restrictions on hours or indeed what you can do out there?

Perhaps you want to have a live band out there but there are restrictions on your licence; not all restrictions relating to live and recorded music are enforceable so it’s definitely worth checking.

Planning on putting tables and chairs outside on the public highway? You will almost certainly need a pavement licence to do this and these take at least 4 weeks to put in place. Make sure you are ready.

Manage customer behaviour in outdoor spaces. Loud and excitable customers inside your premises are less likely to be a cause for concern for your neighbours, but once their behaviour can be seen and heard, you are more likely to be on the receiving end of a complaint. Staff patrols and extra glass collection could make a real difference.

• Summer specials – Promotions that are fun, not foolish

It is a well-known, but often misunderstood, mandatory condition of any premises licence that irresponsible drinks promotions are a no no. “Drink as much as you can in an hour” might attract customers, but it will also attract your local licensing officer.

Any promotion encouraging people to drink more alcohol than is safe and responsible is likely to be irresponsible and find you in hot water.

Happy hour or 2-for 1-cocktails promotions, if well managed, are unlikely to be an issue. Why not opt theme nights, food pairings, low & no alcohol options or a free drink included with a main meal.

• Staff Training – Your first line of defence

Well trained staff are worth their weight in gold. Staff who know your business and are invested in its success will work hard to ensure your customer experience is right and that issues, where they arise, are dealt with quickly.

Regular refreshers on Challenge 25 (or 21), recognising intoxication, refusal of service and the conditions of the licence are non-negotiable and vital to your success.

During the pressures of peak times, fatigue can set in. Rushed service can lead to underage sales or sales to those already drunk; both serious issues.

• Temporary Event Notices – A peak season superpower?

Having checked out your licence, you have discovered something is not right. Perhaps your hours are not enough, your garden can’t be used at certain times or, someone forgot to add off sales.

Never fear, TENS are here. These amazing little licence alternatives are great for extending your operation or disapplying parts of a licence that are problematic, but they do need some planning.

In England and Wales, premises have a limited number and they need to be issued giving at least 10 working days’ notice for a standard TEN and 5 working days’ notice for a late TEN.

• Love thy neighbour; not annoy!

And remember, it is summertime for your neighbours too. While your punters might be enjoying an enthusiastic chorus of Sweet Caroline in your beer garden, it may give rise to a nuisance for others.

While your licence may permit certain activities, you are under a legal obligation to promote the licensing objectives (especially regarding the prevention of public nuisance) and failing to do so could lead to a review of your premises licence or a noise abatement notice.

Consider what entertainment you have and if it could be done in a way that reduces impact on your neighbours. A winding down policy often works well.

The law says you can have a live band in your beer garden until 11pm (unless you have a particular condition prohibiting it), but it may not be the best thing to do in order to win hearts and minds. Engagement with your neighbours about events can go a long way.

Monitor your events and record complaints if they arise. Take the learnings from previous events and apply them to your forthcoming events.

At the end of the day, licensing rules are there to make sure everyone is safe and has a great time. Stay compliant, stay cheerful and have a great summer!

• Joe Harvey is an associate solicitor at Poppleston Allen