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Hill Brown Licensing Q & A

Hill Brown Licensing Q & A

More of your questions answered in this months Hill Brown Licensing Q & A.

What are the rules about drinking up times? Can we stay open after our licensed hours to let people finish?

Yes you can but not for long. The Licensing Act allows for 15 minutes drinking up time in all licensed premises at the end of licensed hours. If customers have been having a meal this is extended to 30mins provided the alcohol was sold at the same time as the meal for consumption at the meal. This only allows for consumption though so you can’t make any more sales during that extra time.

I have bought a pub which has a licence but it only has licensed hours until midnight. We want to rebrand it has a club and open later. Will that be straightforward?

Audrey Junner, Partner Hill Brown

Audrey Junner, Partner Hill Brown

Changing the hours will involve a major variation which will require to be advertised and you will need to appear at a Board hearing to explain why you are seeking the extension. I expect you will also have to change your description and look at activities and children and young persons access. This process could take up to 6 months and there will be potential for public objections especially given the nature of the proposed operation. Whether it will be granted will depend on various different factors including where you are in the country, the Licensing Board’s Policy on overprovision, what type of entertainment offer you are planning and when you want to trade from each day. Most Licensing Boards will need to see significant entertainment being offered and the definition of what falls into that category varies dramatically across the country. Some Boards will also insist on a restriction on the time you can sell alcohol from to benefit from late opening premises hours.

You should also bear in mind that where your operating plan allows alcohol to be sold after 1am additional late opening mandatory conditions will automatically apply if your venue is of a certain size and doesn’t fit into an exception. These conditions include, amongst other things, a requirement for stewarding, cctv and a person trained in first aid. All of which will have cost implications which you will no doubt wish to consider.

For more information you can contact Audrey directly at Hill Brown Licensing: AJ@mshblicensing.com

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