DISCLAIMER: The detail contained in this newsletter is provided for informational purposes only, and should not be construed as legal advice on any matter. You should always seek bespoke independent legal advice.
As the mercury plumets back into the minus numbers, thoughts of a glass of wine on the terrace in the sun may seem further away than ever! However, now is the time for hoteliers to check their permissions and prepare for the opportunities for additional revenue the Scottish summer may offer!
Whether it is a courtyard or garden or the opportunity to get some “kerb appeal” with tables and chairs on the pavement, there are regulations to consider.
As a licensing solicitor the Easter surge in queries and instructions sees clients playing catch up every year! Here are my top tips to ensure you are covered in advance of the summer.
1. External seating areas/pavement cafes
A pavement area typically requires two permissions –
(i) Road’s Department consent (assuming the pavement being occupied is owned by the local authority) you will need an annual permit. Many local authorities now charge by the square metre you utilise. The amount of space applied for and ultimately granted, must be adhered to or enforcement and fines can follow.
(ii) A licence to serve alcohol outside. The area must be covered by the premises licence or operated under occasional licences.
Privately owned terraces and gardens will not require roads consent but planning permission may be needed and of course it should be licensed.
Once licensed both the beer garden and pavement café must be operated in line with any local conditions.
2. Sport on T.V.s outside
It may not have escaped your notice but there is the small matter of a World Cup this summer. If you wish to screen any sport outside you must check the conditions attached to any licence and/or road permit. A number of local authorities prohibit entertainment in licensed outdoor areas. If you are lucky enough to be allowed to have screens outside be aware of the terminal hour for the use of the external area. This is important given the screening times of many of the World Cup matches.
3. Ambient background music
As above licensing conditions may prohibit even low levels of music in external areas.
Where any entertainment is being provided outside operators should have a documented noise management plan. Should complaints arise don’t ignore them. Proactive engagement with neighbours and/or the council can avoid escalation to formal enforcement.
4. Temporary summer staff
Employing casual staff to cover busy periods is part and parcel of running a tourism business. To comply with the law you must ensure that all staff who are involved in the sale and supply of alcohol 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 syllabus and a form that must be filled out by the trainer and the trainee.
Follow these tips to avoid getting burned when the temperature soars.
