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Hill Brown Licensing Q&A

Hill Brown Licensing Q&A

Question
I run a pub and am currently gearing up for the festive season. I have been approached by a couple of groups who want us to host Christmas party nights in the lounge area. There will be a band and a small dance floor. It’s not something we usually do but we have the space and it wouldn’t take away from the locals. I have checked my operating plan and it says no to receptions, live performances and dancing. Can l have these restrictions lifted for one off events? I used to work in England and l know they have things called TENS which you can apply for on certain nights.

Answer
The bad news is Temporary Event Notices or TENS, which allow you to apply for certain activities

Audrey Junner, Partner Hill Brown

Audrey Junner, Partner Hill Brown

like live performances on an occasional basis, don’t apply in Scotland. The only way to include the activities you describe is with a major variation. Time is really tight now for this festive season but some Licensing Boards may be willing to process applications if submitted now. Although this is a fairly time-consuming and expensive route, once you have the activities on your premises licence they are there for good so you will be covered for years to come. It is also worth checking whether by hosting ‘functions’ in a separate function room in your premises you could be entitled to extra licensed hours. This request could be included on the same variation application and if it’s within policy would be uncontentious.

Question
Do l need a licence of some sort to do a wine tasting in my local community hall? People will buy tickets in advance and on the night will be given a meal and 3 125ml measures of various wines. As we won’t be selling any wine during the actual evening l presumed not.

Answer
The short answer is yes. Even though alcohol won’t be purchased on the night, the purchase of the ticket creates a contract and the alcohol is then supplied under that contract. This is deemed to be a sale in terms of Section 3 of the Licensing (Scotland) Act 2005 and all the usual rules apply. You will have to apply for an occasional licence for the night in question. You can apply for this if you are a personal licenceholder, premises licenceholder or a representative of a voluntary organisation. Licensing Boards usually require 4-6 weeks’ notice though, so you will need to plan ahead. Typically, you will not receive a decision until late in the day, so you should consider making any tickets sales subject to licence.

Get in touch with Audrey if you have any questions – AJ@mshblicensing.com

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