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Trading Later Hours

Don't assume anything with opening hours.

Q:  I am looking at a new bar in central London and to trade later until 1am on Fridays and Saturdays.  I have checked the local council policy and there are “standard” policy hours for the area in which my premises is situated of 1am on Friday and Saturday.  Can I expect to get these hours as they are significant to my business.

A:  Expectation is a dangerous concept whilst operating later, beyond midnight in central London at the moment.  The law is on your side in that S.4(3) of the Licensing Act 2003 states that the Licensing Authority “must ……. have regard to” its licensing statement.  However, “having regard to” something is not the same as complying with it and recent experience indicates that it is not possible necessarily to rely on the policy too much.  Polices can only be a “guide” but if your application reaches the Licensing Committee then logic would suggest that the policy hours should be the starting point unless there are reasons to give you less.  If you read more in the policy then almost certainly there will be a “disclaimer” which indicates that the policy hours are not a given because (you will have heard this before) “each application is considered on its merits”.   As usual, then much will depend on the views of the Responsible Authorities and local residents to your proposal.  Experience tells me that Licensing Committees are more enthusiastic about treating their policy as only a guide when granting hours falling short of their policy standard, whereas the “guide” is taken a little more seriously when used to justify refusals of extensions in excess of those standard policy hours

A:  Expectation is a dangerous concept whilst operating later, beyond midnight in central London at the moment.  The law is on your side in that S.4(3) of the Licensing Act 2003 states that the Licensing Authority “must ……. have regard to” its licensing statement.  However, “having regard to” something is not the same as complying with it and recent experience indicates that it is not possible necessarily to rely on the policy too much.  Polices can only be a “guide” but if your application reaches the Licensing Committee then logic would suggest that the policy hours should be the starting point unless there are reasons to give you less.  If you read more in the policy then almost certainly there will be a “disclaimer” which indicates that the policy hours are not a given because (you will have heard this before) “each application is considered on its merits”.   As usual, then much will depend on the views of the Responsible Authorities and local residents to your proposal.  Experience tells me that Licensing Committees are more enthusiastic about treating their policy as only a guide when granting hours falling short of their policy standard, whereas the “guide” is taken a little more seriously when used to justify refusals of extensions in excess of those standard policy hours

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