James is a Partner and Head of the Dispute Resolution team and primarily handles commercial…View Profile View all
Our litigation team has recently acted for a West Yorkshire based public house which was planning to hold an outside event with five bands, a DJ and a bar. The event was to take place in the pedestrian precinct immediately outside the pub.
The company operating the pub applied for a Temporary Event Notice which the managing director completed at the counter of the Local Authority’s Licensing Department. The application was for permission for the music event together with the ability to supply alcohol by retail. The Local Authority, on the face of it, confirmed the Temporary Event Notice and the pub company prepared for the event. Unfortunately, a matter of only a couple of days before the event was to take place, an officer from the Council’s licensing team notified the pub company that whilst the music part of the event could go ahead, the outside bar could not as it had not formed part of the application.
Our litigation team was consulted and made urgent representations to the Local Authority’s Licensing Department on the pub company’s behalf. It was pointed out to the Council’s reasoning was wrong; the appropriate box on the form relating to the supply of alcohol by retail had been ticked and that must have indicated to the Council that alcohol was to be supplied as part of the outside event. The form referred to “outside bands” and the pub already had a Premises Licence authorising the supply of alcohol by retail within it. In addition, we provided a plan clarifying the proposed location of the bar. Fortunately, the Council accepted the representations made by Schofield Sweeney on the pub’s behalf and confirmed that the event could go ahead with both the supply of alcohol from an outside bar together with the bands and DJ and so avoiding a financial disaster for the pub.
If you have any queries regarding licencing or would like further information, contact our litigation team on 01274 306000.