Published: 26 June 2014
Q: I am thinking of having an event in a marquee in my beer garden over Summer including a temporary bar. My licensed plan is quite old and shows both the pub building and the beer garden. A red line goes all the way round the building and the beer garden and the key at the side says ‘the area where consumption of alcohol takes place’. There is nothing else on the plan although I do have permission on my licence for the sale of alcohol on and off the premises and for live and recorded music, all of which I want for this event. Do I need to apply for a TEN for any of the activities at my event, or does my licence already authorise these?
A: As always, check your conditions but ?in the absence of any other indication that the sale of alcohol is limited to the inside of the pub alone, the fact that your beer garden is included in the licensed plan allows you to have a temporary bar without further authorisation. This is because the ‘premises’ which are licensed are those areas shown on the licensed plan, and your beer garden is shown. Often, licensed plans will have a red line around the building (or just around the public areas inside the building) denoting that alcohol sales can take place only in those areas, even though other parts of the building and outside areas are shown on the licensed plan.This does not appear to be the case here. I would therefore say that the whole of your premises including the beer garden is licensed to sell alcohol. I am intrigued by the key denoting where consumption of alcohol takes place – this may be a vestige from licensing reform in 2005, and if it causes you no issues that’s fine, but if it restricts consumption in other outside areas it may be worth having a conversation with your Council Licensing Officer to see about removing it.So far as live or recorded music goes, any live music up to 11:00pm should be covered by the Live Music Act and as long as your licence does not authorise ‘indoors only’ then you should be authorised for both live and recorded music outside on the same basis that you are for the sale of alcohol in any event. Bear in mind that if the marquee is permanent you may need to apply for planning permission, and if it affects escape routes a minor variation might be required.
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