58 summer hospitality


Making the most of the summer sun while avoiding employment


and licensing law shadows Jonathan Gray, partner, Pitmans LLP, asks: 'Will we have a BBQ summer this year, endless days of sunshine with the necessary rainfall kindly falling during the quiet night-time hours?'


There are reasons to celebrate with a full summer sporting calendar – Euro 2016, Wimbledon and Rio for example. There is also the official celebration of the Queen’s 90th Birthday.


Are you ready to be hospitable? Whether you are an existing licensed venue or planning to host a promotional summer fete, concert or event, the following checklist will assist.


Do you need a premises licence or Temporary Event Notice (TEN)?


It depends what you are planning to do. Premises licences and TENs (issued by the local authority) cover both bricks and mortar and outside areas.


• Alcohol sales – definitely yes. A premises licence or TEN is usually required for the sale by retail of alcohol. The fact that there is an all-inclusive price, or the alcohol is even deemed to be complimentary, does not prevent it being viewed as sale by retail.


• Music – possibly. The Live Music Act 2012 exempts live amplified music between 8am and 11pm for 500 or less people at alcohol on-licensed premises, or unamplified without restriction between the same hours. Noise regulations still apply to live music so even if exempt you will need to think carefully about managing noise pollution.


If already licensed do you have the licensed hours and regulated entertainment you need?


• Check your existing premises licence. You are required to have this easily accessible, with a copy on display. Does it cover what you need?


• If you have an occupancy figure in your licence check you are complying with it.


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• Outside areas – check these are included in your licence and what conditions if any apply. Check that any necessary tables and chairs licence is up to date.


• To make the most of the official celebration of the Queen’s 90th birthday and the opening games for England and Wales in EURO 2016, the Government has confirmed that on Friday June 10 and Saturday June 11 existing licensed premises are permitted to sell alcohol until 1am the following morning. This only applies to alcohol sales though, not the provision of hot food and drink which needs to be licensed if provided after 11pm. Neither does it cover regulated entertainment.


Plan ahead if you intend to use a TEN to fill the gaps or cover your event


• A TEN is a useful way to fill the gaps in what you need from a licensing perspective.


• TENs do have limits though:


- the application usually needs to be with the council and served on the police and environmental health no later than 10 working days before the day on which the event is to start;


- there is a maximum number of 15 TENs a year per premises (having increased from 12 from January 1, 2016);


- they cannot cover a period of more than 21 days per annum;


- the number of people allowed to attend an event licensed by a TEN is 499 (including staff).


Don’t forget the allergy regulations


EU Food Information for Consumers Regulations requires all food distributors to provide


allergen labelling and information to customers. They do not apply to charity or community food operations which are not required to be registered as a food business, however it would be good practice to do so.


• By now you should have:


- risk assessed the dishes you offer;


- have clear written documentation to identify the allergen ingredients in a particular dish;


- undertaken staff training and kept a record of it;


- be using clear menus;


- be minimising cross- contamination;


- have a clear policy on what to do if something goes wrong.


Don’t forget the national minimum wage rates (NMW) (as from April 1, 2016)


• Don’t forget NMW rates for any temporary staff you hire:


- 25s and over – £7.20 an hour; - 21 to 24 – £6.70; - 18 to 20 – £5.30; - under 18s – £3.87.


• Beware of reliance on tips, service charges and gratuities to make up the NMW.


- Before 1 October 2009, tips, service charges and gratuities “paid by the employer” through its payroll could be taken into account when calculating whether an employee had received the NMW. They could not be taken into account where:


- They were paid by customers directly to the workers.


- They were paid to a troncmaster (for example, the head waiter in a restaurant) who then distributed them to the workers.


- Since October 1, 2009, employers have not been


THE BUSINESS MAGAZINE – THAMES VALLEY – MAY 2016


Jonathan Gray is a partner at Pitmans LLP, a full-service law firm. He specialises in employment and licensing law, and advises on all aspects of employment law with considerable experience in handling employment law litigation including complex dismissal, discrimination and equal pay claims. He has extensive advocacy experience gained in employment tribunals and employment appeals tribunals, and is an accredited employment and workplace mediator. With considerable experience advising on restructures, re-organisations, collective consultation, TUPE and union recognition and bargaining, Gray delivers bespoke HR support for a wide range of clients. He also advises in relation to the licensing system covering alcohol, gaming and public entertainment, taxis, new applications, transfers, variations and reviews.


able to take account of tips, gratuities and service charges when deciding if a worker has received the NMW. This is the case even if the money is paid by the employer, representing amounts paid by customers.


Not sure you have covered all these issues? We are here to help. Contact Jonathan Gray.


Details: Jonathan Gray 023-8083-7785 jgray@pitmans.com


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