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Morning Briefing for pub, restaurant and food wervice operators

Wed 11th Oct 2023 - Legal Briefing

Boos, booms and booze – a guide to the upcoming season by Patrick Robson

We have arrived at the last quarter of the year, which brings several annual events in quick succession – Hallowe’en, bonfire night and Christmas. I’m not one to think too far ahead, so it was a bit of a surprise when I recently walked into our local shop and came face to face with a massive display of Christmas chocolates. I couldn’t help but roll my eyes as I resisted my children’s pleas for Christmas treats and then had to usher them past the Hallowe’en displays as well. 

However, it was a good prompt for our family to sit down and start booking our family traditions before tickets became scarce – pumpkin picking, the local fireworks display and the Christmas panto to name a few. All of these things to look forward to for sure, but I’m not too keen to be so quickly rushed to the end of the year when its currently still a strange 20-plus degrees in London. 

However, if I have learnt anything over the years, it is better to be prepared than disappointed. This feels like a fitting moment for me to start offering some gentle reminders to those in the hospitality sector, as it is might be worth getting your proverbial ducks in a row for your upcoming fireworks displays or Christmas extravaganza. As always, and particularly when anticipating higher-than-usual trade, maintaining open communication with the licensing officers from both the police and council is valuable. You might even find that some of them reach out to you to enquire about your plans, but it might help establish a positive rapport and demonstrate your willingness to cooperate to beat them to the punch.

Hallowe’en is just around the corner now, and university towns and cities across the country will no doubt be preparing for zombie bar crawls and spine-chilling club nights. While Hallowe’en might be seen as a footnote in the calendar, it’s crucial to understand that for many young people, the weekend leading up to it is an occasion they don’t want to miss. Therefore, it’s essential to keep in mind the usual factors associated with a sudden surge in business, similar to what’s typically considered during the Christmas season, which is discussed in further detail later in this article. 

For specific events, it is essential to carry out risk assessments and implement measures that will ensure public safety. Bonfire night is always a key example for an event that requires some serious planning and thorough thinking. For a fireworks party, measures will include setting aside a suitable firing area, a safety zone where fireworks will land (away from the car park) and an appropriate spectator area (preferably upwind of both the firing area and safety zone). It is advisable to appoint one person as the overall safety and planning supervisor, along with at least two stewards, for events hosting up to 500 spectators. These individuals should be dressed in high-visibility clothing, appropriately briefed of their roles and responsibilities and equipped with radios to make sure they are always a point of contact. 

Operators should also make sure there are easily accessible buckets of water, sand or fire safety equipment, and that you have readily available first aid supplies, especially for treating burns. First aiders should also be easily recognisable. Depending on the scale of the event, you might even want to consider involving the fire service and St John Ambulance, as well as any local airports or coast guards, along with police and the council. You should also take note of what fireworks you intend to use as it is an offence to possess the very impressive but dangerous category four fireworks unless you are a licensed fireworks professional.

It is important to be mindful of your location and the impact on your neighbours, taking into account the licensing objective of preventing public nuisance. Typically, fireworks are not allowed after 11pm, with exceptions such as 5 November, New Year’s Eve and a few others. However, just because you have the option to use fireworks later than 11pm, it doesn’t necessarily mean you should.

Looking beyond bonfire night, we’re returning to a more typical Christmas this year, without the men’s football World Cup landing smack bang in the middle of the festive season. While it is a most wonderful time of the year, it is also the busiest, bringing its own challenges. If you’re a member of your local Pubwatch or a similar scheme, it’s essential to attend meetings in the run up to the Christmas season and beyond. These gatherings offer an excellent opportunity to stay updated on local licensing matters and keep tabs on what your colleagues and competitors are planning. You should thoroughly review your premises licence conditions and make sure you are complying, including both mandatory requirements and those tailored to your specific venue. It's also crucial to refresh staff training in various policies such as entry procedures, searches, drug handling, conflict resolution, dispersal, refusals and counter-terrorism measures (visit www.protectuk.police.uk for additional information on the latter).

Lastly, take a moment to assess the placement of customer notices, including those related to Challenge 25, anti-drug campaigns, taxi contact information and notices displaying safety initiatives like Ask for Angela or drink spiking awareness. You should evaluate the adequacy of your staffing levels and consider the presence of designated premises supervisors or other personal licence holders, especially during peak hours. It might be that a ticketing system for certain events would help manage customer numbers effectively. Additional security and an adequate CCTV system go hand in hand to combat against conflict in your venue. You need to make sure that it covers all trading areas, including external ones such as beer gardens and designated smoking areas.

If you’re considering extending your trading hours for the Christmas season, review your existing licence to determine if it permits non-standard operating hours. If not, make arrangements to submit temporary event notices (TEN) as early as possible. Christmas markets are a wonderful tradition that bring in plenty of trade during the festive period, but if you plan to host outdoor Christmas markets involving a cheeky Baileys hot chocolate or other alcohol sales, check whether the designated area holds the necessary licence. If it doesn’t, you will need to obtain a TEN for these activities as well. 

There are some things to consider if you plan to run a temporary event: it must have fewer than 500 people and last no more than seven days. A single premises can currently have up to 20 TENs per year, as long as the total duration of the events doesn’t exceed 26 days (but these are reducing back to the pre-covid limits of 15 TENs over a maximum aggregate of 21 days from 2024). If you plan consecutive events, there should be at least a 24-hour gap between them, and you must apply for a TEN from your council at least ten clear working days before your event (or five to nine clear working days’ notice for a “late” TEN). The council can only refuse a TEN if the police or environmental health authorities object to it within three working days of receiving the notice. They can object if they believe your event might result in crime and disorder, create a public nuisance, pose a threat to public safety or put children at risk of harm. In case of an objection, the council's licensing committee will convene a meeting (referred to as a “hearing”) no later than 24 hours before the event. During the hearing, the committee will decide whether to approve the TEN or reject it. As a note of warning, “late” TENs are automatically vetoed by an objection and will not even be considered by the licensing committee.

Just because the authorities might be feeling the festive cheer during Christmas, doesn’t mean they’ll turn a blind eye to necessary enforcement actions, especially in the case of serious violent incidents that may come about after via unruly customers who aren’t used to drinking as much as they do during the last chapter of the year. Ending up on Santa’s naughty list is one thing, but facing licensing enforcement scrutiny and the potential for an expedited or standard review around the holiday season is undoubtedly worse.

Therefore, it’s crucial – as it always is, but especially during this bustling final quarter – to conduct risk assessments and implement reasonable and proportionate measures to support the four licensing objectives: preventing crime and disorder, ensuring public safety, preventing public nuisance and protecting children from harm. This way, your customers can enjoy a great and safe time, and your business won’t face the risk of enforcement actions that could jeopardise its future.

And for those concerned about my children missing out on Christmas chocolates, rest assured they managed to persuade me to get them some “regular” chocolates by the end of our shopping trip.
Patrick Robson is a partner at John Gaunt & Partners

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