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The Private Party in the Function Room

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The Private Party in the Function Room

Your pub has a function room booked for a 21st birthday party on a Saturday night. The organiser has paid a deposit and says there will be 'about 60 people, mostly family, some younger cousins'. They ask whether they can bring their own wine to save money and whether they can have a cash bar 'just for the older ones'. They also mention a 'surprise' - a friend will dress as a leprechaun and hand out shots from a tray. Your premises licence permits the sale of alcohol on the premises until 00:30, and the function room is covered by the licence.

1. Can they bring their own alcohol? What licensing issues arise?

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Generally no - bringing your own alcohol to licensed premises is not permitted unless the licence expressly allows it, and it undermines the licence holder's control over supply.

Key points:

  • The licence authorises the licence holder to sell alcohol; it does not authorise customers to supply their own. 'BYO' arrangements can amount to unauthorised supply and breach licence conditions.
  • The licence holder remains responsible for all alcohol consumed on the premises, including alcohol brought in - this creates risk under the Intoxicating Liquor Acts (supply to minors, supply to drunks) and under duty of care.
  • Answer: decline BYO. Explain that all alcohol must be purchased from the bar so it can be controlled and monitored.
  • Check your licence conditions - some licences prohibit BYO explicitly; others are silent. Either way, the safe and usual position is no BYO.
  • Record the request and your refusal in case of later dispute.

2. The 'leprechaun handing out shots' - what are the risks and how do you manage it?

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This is a high-risk activity and should not proceed as described.

Risks:

  1. Uncontrolled supply - shots handed out from a tray bypass the bar, so you cannot verify age or monitor intoxication.
  2. Minors - 'younger cousins' may be present; tray service makes it easy for under-18s to take a shot.
  3. Intoxication - rapid shot distribution encourages excessive drinking and intoxication, breaching your duty to prevent drunkenness on the premises.
  4. Liability - the licence holder is responsible for all alcohol supplied on the premises, however it is served.

Management:

  • No tray service of alcohol by a customer. All alcohol must be served by staff from the bar.
  • If they want a 'surprise', suggest a non-alcoholic novelty or a staff-served, measured option.
  • Brief door staff to watch for under-18s and intoxication.
  • Set expectations in writing with the organiser before the event.

3. What conditions would you attach to the booking to protect the licence?

Read the worked answer

Agree written conditions with the organiser before the event:

  1. No BYO - all alcohol from the bar.
  2. No self-service or tray-passing of alcohol - staff only.
  3. Challenge 21/25 policy - ID required for anyone who looks under 21/25; door staff briefed.
  4. No under-18s consuming alcohol - and consider whether under-18s should attend at all; if they do, they must not be served.
  5. Bar staff discretion to refuse - the organiser must accept that staff will refuse service to anyone intoxicated or underage.
  6. Closing time - alcohol sales end at 00:30 per the licence; allow time for people to leave.
  7. Designated contact - the organiser or a responsible adult on site throughout.
  8. Security - door staff for the event, with authority to refuse entry.
  9. Record the agreement and brief all staff working the function.

These conditions protect the licence holder and demonstrate due diligence if something goes wrong.