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The right to party
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Are you throwing a Christmas bash for your staff? If you are, be aware that the authorities and the taxman have some stringent rules you must obey.
Words: David Roberts The Christmas party is one of the few occasions in the year when workers and bosses have the opportunity to let their hair down.
In the current economic climate, many employers may organise parties for staff or customers on business premises — a much cheaper option than hiring a venue or booking an expensive meal. Where there is no charge for the sale of alcohol or providing entertainment, a licence will not be required. If there is a charge for drinks, or tickets are sold for an event that may include a 'free' drink or entertainment, this will be unlawful unless a licence is in place.
A simple form
If alcohol, entertainment and late-night refreshment (hot food and beverages between llpm and 5arn) are to be provided for a charge, then it may be appropriate for a Temporary Events Notice (TEN) to be served on the council where there is no Premises Licence in place.
This involves completing a simple form, which will be available from the relevant Local Licensing Authority.
Two completed copies of the form should be sent, together with £21, to the licensing department at the authority and a further copy to the police at least 10 clear working days before the event. If the police do not object to the event on the grounds of crime and disorder the event will be licensed under the TEN, provided that: • 499 or less people (including staff) will be attending the event.
• No more than 12 TENs have been issued in that calendar year for the premises.
• The event will not last for more than 72 hours, and there must he a break of 24 hours between each event for which a TEN is issued. In the event that these conditions cannot be met, then it may be necessary for a Premises Licence to be applied for, which could permit such activities all year round. The process takes up to eight weeks, by which time Christmas may have come and gone.
Penalties
If there is any doubt about whether or not an event requires licensing, then it will be safer to obtain a TEN rather than face the penalties for unlawfully selling alcohol or providing regulated entertainment without the appropriate consents in place.
The penalty — a fine of up to £20,000 or a prison sentence of up to six months — would not make a good Christmas present.
Where alcohol is sold by retail under either the terms of a TEN or a Premises Licence, businesses need to ensure that they are well aware of their duties under the Licensing Act 2003.
If alcohol is sold to someone who is a minor or who is intoxicated, the person who made the sale or oversaw the sale, as well as the business, may be liable for penalties similar to those already set out.
Let there be music
In addition, you will also need to be aware of the laws regarding the broadcasting of music in public.
Music is copyright protected, and permission to play must be obtained from the Performing Rights Society (PRS Licences) and Phonographic Performance Limited (PPL Licences).
These licences are also required when a radio is played in a workshop for the benefit of employees. Businesses also need to remember, regardless of whether an event is
Employers have a licensable or not, that as employers, they maintain a duty duty of care to their of care over their staff. Put in simple terms, this means staff if they are throwing that they should not neglect health and safety protocols a Christmas party when alcohol is being consumed on business premises.