Guidelines For Providing Music & Wine In Gardens
Many garden owners like to offer a glass of wine with their opening. Some offer this at no extra charge; others prefer to charge for each glass. In the past it has been suggested that, provided the wine is part of the ticket price, this is not licensable. This is incorrect. Advertising should avoid statements like “Admission £5.00 including wine” or “Free glass of wine”. Instead, publicity should promote the garden opening, and just note wine as one of the features of the evening.
In November 2005 the new Licensing Act came into effect, which is relevant to the issue of whether or not a license is required to serve wine. The NGS conducted research with local authorities to find out how they interpret the Act. In the majority of cases authorities do not view serving wine at our openings as a licensable activity, provided no charge is made. However, some will require you to serve a Temporary Event Notice. If owners are in any doubt it is a good idea to contact the local licensing authority (normally the local or district council). Make sure that either you or the owners give them all the relevant information as follows:
- We are making an enquiry as private individuals who are planning a garden visiting event for the summer
- In the afternoons we normally give visitors a cup of tea, in the evenings we offer them a glass of wine or a soft drink
- No charge is made for the wine which is supplied free as a donation
- A charge is made for admission to the garden, but there is no additional charge for the wine.
- We would like to know whether or not we need a Temporary Event Notice (TEN) for this event.
If you want to charge for wine, or if the licensing authority says you need a TEN anyway, they will direct you to the relevant forms and guidance. If you would like to read them beforehand, guidance notes on Temporary Event Notices and a copy of the required form can be obtained from the Department of Culture Media and Sport website.
At Head Office we have sample forms completed which owners can use as a guideline. Please ask County Support for a copy if required.
In the case of entertainment, providing the music or other activity is ancillary to the main activity, then a licence is not normally required.