By Niall Hassard
As summer arrives, bars and restaurants quite rightly look to make the most of the sunny weather (however short-lived it may be).
Operators need to appeal to as wide a demographic as possible and customers may demand that more space and more services are provided outside.
As a licensing solicitor, I get an upsurge in compliance issues that track the mercury rising!
Here are my top tips to ensure you are covered for summer:
1. External seating areas /pavement cafes
I have come across a significant number of operators who have been confused by the post-Covid changes to planning legislation.
In brief, following temporary relaxations to planning rules during the pandemic, the Scottish Government brought forward permanent changes. The changes saw the removal of the need for planning permission to have furniture on council-owned footpath/roadways adjacent to hospitality premises. As of end March 2023, permitted development rights applied.
However, what perhaps is less well understood, is that to have a pavement café and serve alcohol to patrons you typically still need two permissions.
The first is roads’ consent assuming the pavement that is being occupied is owned by the local authority. Typically known as a ‘street café permit’ or ‘s59 permit’ the consent is normally granted as an annual permit.
You should note that many local authorities now charge by the square metre. The amount of space applied for and ultimately granted, must therefore be adhered to. Enforcement and fines can follow for using too much space or failing to renew the permit.
To serve alcohol outside the area should be covered by the premises licence or operated under occasional licences.
This requirement is important for pavement café areas particularly where local bye-laws prohibit having open alcohol in public.
Privately-owned beer gardens will not require a consent from the Road’s Department but planning permission may be needed.
Confusingly for many operators the permitted development rights that apply to street cafes do not extend to privately-owned beer gardens.
Once licensed both the beer garden and pavement café must be operated in line with any local conditions in the licence.
2. Sport on TV
Summer 2025 will play host to the usual array of annual and special events from Wimbledon to The Open, a Lions tour and the Women’s Euros. If you wish to screen any sport outside you must check the conditions attached to licence and road permit to ensure this is permitted.
Be warned, often hidden in the conditions attaching to any permit for road occupation there is a prohibition on situating anything other than furniture on the roadway. Similarly, many occasional licences/premises licences contain conditions relating to what activities are permitted externally and what activities are not.
3. Ambient background music
Again, as innocuous as well controlled music for customers outside may seem, conditions on the licence may prohibit (even low levels) of music in external areas.
Where music is permitted operators should have a documented noise management plan. Complaints will likely arise when music levels are not monitored and controlled.
Often the music itself can lead to complaints. Indeed, customers raising voices due to inadequate control of music volumes can generate complaints. Knowing the locality well should allow an operator to identify the nearest noise sensitive premises.
As simple as it may sound, when fixing volume levels you should leave the external area and check sound levels 1m away from the front of the nearest noise sensitive property. If necessary adjust levels accordingly and have clear policies on not exceeding the fixed limits.
Should complaints arise be proactive and engage with neighbours and/or the council.
If changes to volume levels or other ‘in-house’ controls do not resolve the matter advice from acoustic specialists should be sought.
Having good lines of communication is the way to avoid any complaint escalating.
4. Temporary summer staff
Employing casual staff to cover busy periods is part and parcel of running a business. Having additional staff to cover the beer garden and wait tables in the pavement café may result in having a bank of staff on shorter term seasonal contracts.
Please remember that all staff who are involved in the sale and supply of alcohol must have a minimum of two hours training delivered by a personal licence holder. Records of this training must be kept on the premises.
There is a prescribed form that must be filled out by the trainer and the trainee. All training must be completed and documented before their first shift. These training requirements apply regardless of how infrequent or short their employment is.
Follow these tips and hopefully you can make hay (and money) when the sun shines!
The information provided in this article is not legal advice and is for informational purposes only, if you have any concerns about any of the issues raise you should seek specialist independent legal advice.
hassardlicensing.co.uk
