Outdoor drinking and al fresco licensing

If a business wants to use its outdoor area for serving drinks an al fresco licence is required. This short guide looks at the law and the application process.

Who can be an Applicant?

The Al Fresco Licence can be held by a Person or a Limited Company.

What do I need provide to make the application?

The Applicant needs to provide the following:

• Full name and address;
• Location of the area;
• Details of the proposed purpose (for example: serving food and drink-it should be noted that the Al Fresco Licence does not permit the sale of Alcohol and if this is required a separate Liquor Licence application/extension will have to be made); and
• Proposed operative hours and days (for example 10am – 11pm daily).

In addition to the above, the Applicant needs to provide an architect plan drawn to scale and showing the intended dimensions and layout of the proposed Al Fresco area, indicating positioning of tables, seating and other items of furniture (i.e. parasols) and any means of marking the extent of the proposed area to the public. The preferred way, where possible, would be the use of removable barriers).

The plan should also show the dimensions of the remaining footpath that the pedestrian can use and include a site location plan.

Also required is a full description of the proposed furniture to be used (including photographs, drawings, etc.)

How long does it take to make the Application?

Several States departments are required to prepare reports for submission to Court. Under the Ordinance, 28 days clear notice must be given to all relevant departments of the intended Court date.

Therefore, with preparation of all the plans/documents, you should allow a minimum of 2 months to make the application.

Do I need to advise anyone about making the application?

No, as your Advocate should contact all the relevant departments, namely the Constables and Douzaine of the relevant Parish, the Traffic & Highway Services, Planning Services, Health & Safety Executive and the Committee for the Home Affairs.

They should also prepare, as required by the Ordinance, the relevant notice for publication in the Gazette Officielle, which must also be displayed at the premises.

How long is the Al Fresco Licence valid for?

The licence is valid from the application date until 31 December that year and can be renewed annually (1 January until 31 December) upon payment of a renewal fee to H.M. Greffier on or before 31 December.

If the renewal payment is missed the Al Fresco Licence will automatically cease on 1 January and a fresh application must be made to the Royal Court.

Ferbrache & Farrell LLP are able to advise on and make Al Fresco and Liquor Licence Applications and please do not hesitate to contact Jana Valkovska (Jana.Valkovska@ferbrachefarrell.com) or Samantha Harris (Samantha.Harris@ferbrachefarrell.com) should you require further assistance.