Cheers to the community: Navigating local relations and alcohol licensing

Those in the restaurant trade know that owning a restaurant is a rewarding but challenging experience. Balancing the creation of happy customers with the management of staff, finances, licences, and other regulations is demanding. Neglecting these finer details could sacrifice the entire service, so it is crucial businesses know how to navigate this. 

Business licensing

For many restaurants, the sale of alcohol comes hand in hand with its food offering. The Licensing Act 2003 is the legislation that governs all restaurants that sell alcohol, and those businesses will hold a Premises Licence. 

Despite all being governed by the same legislative requirements, every licence is unique to each individual business. For example, some restaurants may need CCTV installed and only be permitted to sell alcohol with a full table meal, while another nearby is free to sell alcohol to any ‘of age’ person. 

Likewise, licences for a small community restaurant versus a large city restaurant can vary based on the location, times of operation and customer behaviour. 

Working with the local community

Owning a restaurant in a community can sometimes bring with it various concerns and complaints about business operations on the part of local residents. This tends to concern issues which affect their quality of life, or overall wellbeing.  Common complaints include excessive noise, such as loud music, late-night deliveries, or noisy patrons, all of which can disrupt the peace and quiet of a residential neighbourhood. Outdoor dining areas are another common culprit that can lead to noise and disruption, especially if they are used into the later hours of the evening and are not well managed.

Regarding music, businesses with alcohol licences can play music until 23:00 without extra permission, but owners must prevent disturbances. Complaints may also arise from intoxicated customers causing anti-social behaviour, particularly if the restaurant operates late, disrupting nearby residents.

Enforcement actions must balance business interests and residents’ quality of life. Any licence scrutiny or misconduct questions can overshadow business success, leading to potential enforcement actions.

What power do the authorities have?

If an establishment disturbs residents, authorities can take action under the Environmental Protection Act and Licensing Act 2003. This may lead to noise abatement notices, premises licence breaches, or licence suspension/revocation, prohibiting alcohol sales.

Licence reviews can quickly lead to the removal of alcohol sales and entertainment rights, with licences revoked in about eight weeks after the application is served.

Steps to avoid enforcement action:

1. Maintain good communication with the neighbours: Alert them of any upcoming plans or events which may raise additional noise concerns, and be open and willing to receive feedback.
2. Be responsive to complaints: Acknowledging is not enough – how will you ensure you adapt your business to appropriately respond to the concerns?
3. Take proactive steps to minimise the impact of their business on the community: Enforce extra security measures for busy weekends to minimise noise, or allow time at the start of shifts to a dedicated outdoor clean up.  
4. Research and understand the specific requirement of their own licence: The good news is that problems are avoidable provided business owners know where to turn for the right advice. Seek legal advice if you are in any doubt or in need of assistance. 

Clearly, community relations can make or break a business. Work well together, and business can be booming with an influx of residents out to support their local restaurant, café or bar. Alternatively, if premises don’t respond to residents’ concerns, they could end up suffering due to neighbourly tensions that might well result in licence reviews. However, a proactive approach means that these issues can often be avoided, if businesses navigate through these situations with the correct support and advice.