Licensing hours over the Christmas period

Hospitality venues will be beginning to prepare for their busiest trading period over the Christmas holidays. For many, the festive season presents an opportunity to extend operating hours, host special events, and boost profits. However, ensuring compliance with licensing laws is crucial to avoid costly penalties, reputational damage, or even closure. As Christmas falls on a Wednesday this year, reviewing your licensing hours now is essential as your licence may have different rules for operating during the week compared to a weekend.

The Licensing Act 2003

Under the Licensing Act 2003 (the Act), businesses in England and Wales require a premises licence to sell alcohol, provide late-night refreshments, or offer regulated entertainment. This licence will also specify the hours during which these activities can take place, known as “licensing hours” and these often vary at different times of the week.

Licensing authorities strictly enforce these regulations, and operating outside permitted hours can lead to fines, licence reviews, or even criminal charges. With heightened activity during the festive period, licensing breaches can become more likely if premises fail to plan accordingly.

Why check licensing hours for Christmas

Christmas often brings increased customer demand for late-night celebrations, work parties, and New Year’s Eve events. Checking your premises licence now will clarify whether your planned activities fall within the permitted hours or require an extension that needs to be applied for in advance.

If your premises licence does not cover the hours or activities planned for a specific event, you may need to apply for a Temporary Event Notice (TEN). A TEN allows you to conduct licensable activities outside your standard terms for a limited duration. However, TENs must be submitted at least ten working days before the event, or five working days for a late notice. Note that there are limits to how many TENs you can apply for within a calendar year.

Licensing authorities and police often increase compliance checks during the festive period, particularly in more residential areas. Operating outside permitted hours, even unintentionally, can result in enforcement action. This includes unlimited fines, six months’ imprisonment, or a licence review.

Some licences have specific “non-standard timings” or “seasonal variations” which permit extended hours on certain days of the year; however, this is not standard across all licences within a particular area and need to be applied for, either when the licence is initially granted or by way of a variation of the licence. There is a common misconception, for example, that all premises can trade from the time they open on New Year’s Eve until their usual closing time on New Year’s Day. Whilst this is a common permission on many licences, it is not an automatic permission, and it is therefore important to check your licence to establish the times it authorises licensable activities throughout the festive period. Reviewing your licensing terms will ensure you take advantage of any permissible extensions while remaining compliant.

Steps you can take now to help the Christmas period run as seamlessly as possible include:

• Review your premises licence now: ensure you fully understand your permitted hours and activities.
• Check event plans: consider any events you are planning on holding and cross-check these against your licence to identify any gaps.
• Submit TENs early: if you require a TENs, apply as soon as possible to avoid disappointment.

The festive season often brings a welcome boost to the hospitality sector, but it also comes with increased regulatory scrutiny. By taking proactive steps to review licensing hours and plan appropriately, you can protect your business while also creating a safe and enjoyable experience for customers.

If you have questions or concerns about Christmas licensing hours, or general licensing queries, please contact Sarah Taylor.