As the days shorten and the outdoor furniture is packed up and sent to storage to rest until spring, the upcoming Festive Season presents opportunities and pitfalls for hospitality operators.
It is important to plan now to maximise your trading times and to avoid enforcement issues. These top four festive tips will help ensure it is the season to be jolly!
Tip 1: Festive extensions
There are two types of extension that hospitality businesses may benefit from. The first is a general extension and the second is via an extended hours application.
General extensions are when a Licensing Board grants a blanket extension to the terminal hour for on-sales premises under their Festive (also known as Seasonal) Policy.
To be able to take advantage of a general extension you need to ensure that your operating plan provides for it. Check at Question 4 of the operating plan, headed “seasonal variations”, to ensure that it reads YES.
Provided it does, in most Licensing Board areas, you are then at liberty to open during the extended hours as you see fit.
If it says NO please see below on how to apply for extended hours.
Beware, the devil is in the detail. Some Licensing Board’s Festive Policies require venues who wish to benefit from the general extension to notify the Licensing Board and/or the Police in advance, confirming the days and hours they plan to trade.
If you cannot benefit from a general extension or if you wish additional hours on days not covered under the Policy you can apply for bespoke extended hours.
Extended hours applications are available to all premises and can be applied for throughout the year. These applications are particularly relevant during the Festive Season to cover things like Hogmanay.
An extended hours application can be lodged to extend your licensed hours to cover events of local or national significance (e.g. The Bells) or to cater for a special event on the premises (e.g. Christmas party nights).
Licence holders are obliged to complete and lodge an application, pay a £10 fee and outline what activities they intend to offer during the proposed extended hours period. An extended hours application can cover a maximum of one month.
Generally speaking, you should look to apply for extended hours no less than 28 days in advance of the first date you wish to extend. The licence holder is at liberty to seek the hours they wish for the days they want. However, the vast majority of Licensing Boards have rules covering extended hours contained within their Statement of Licensing Policy. It is always advisable to check the parameters before you apply.
Please note, in both cases there may be additional conditions you need to abide by in order to open later, for example, using toughened glass or having risk assessments in place.
Tip 2: Irresponsible drinks promotions
Not a year goes by without queries from clients planning festive party nights about drinks promotions. To ensure it isn’t a Nightmare Before Christmas keep the undernoted rules in mind.
Unlimited quantities of alcohol cannot be sold for a fixed price, therefore, you cannot have an “all-inclusive” drinks package.
A fixed price for dinner and, for example, a half bottle of wine, this is fine because the alcohol element is finite.
The “72 hour rule” means that any variation to the price of an alcoholic product must take effect at the commencement of licensed hours, last no less than 72 hours and end at the end of licensed hours.
A promotion will be deemed to be irresponsible if it involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks. This rules out offering a discount on a “bucket of beer” e.g. when a five bottle package is less than the cost of five individual bottles.
Tip 3: Banqueting staff / seasonal staff
All staff, permanent and seasonal who sell or serve alcohol on licensed premises must complete a minimum two-hour training course. The training covers 16 prescribed topics and must be delivered by a personal licence holder or a qualified trainer. A record of this training must be maintained on the premises and be available for inspection upon request.
Many businesses need to flex and supplement their core staff with agency or temporary staff during the busy Christmas period. It is imperative that operators take steps to make sure all the staff have the minimum training.
Unsurprisingly, enforcement agencies like the Police and LSOs are particularly active during the peak season.
Tip 4: Christmas party carnage
The Festive Season brings a broad cross-section of people to premises across Scotland, including friends, families and work colleagues. The dynamic at this time of year can present challenges. Operators should consider empowering staff with training such as Bystander Training which is designed to equip staff with the tools and confidence to safely intervene in situations, where they see people are vulnerable and at risk of harm.
Schemes like Ask for Angela could be rolled out within venues to leverage the nationally recognised code word that helps anyone who is feeling vulnerable on a night out to get the support they need from a venue’s staff.
By following the four top festive tips you can make sure that it truly is the most wonderful time of the year for your business.
The advice offered in SLTN is published for information only. No responsibility for loss occasioned by persons acting or refraining from action as a result of material contained on this page or elsewhere in SLTN can be accepted by the author or publisher.
