Relaxation of off sales, delivery services and pavement café licences

Fresh off the press!  Part 1 of the new ‘Business and Planning Bill’ will go before the commons on Monday June 29 and is expected to pass immediately.

Amongst other things, Part 1 expedites applications for pavement café licences and allows premises with on sales to automatically have off sales (subject to a few caveats).  As has been the fashion, the government has cut this one fine….but it will provide help for lots of premises struggling to adapt in the lead up to opening on the 4th July.

https://publications.parliament.uk/pa/bills/cbill/58-01/0148/200148.pdf

Short Summary of Part 1 of the New Bill :

(1) New Pavement Licences to be administered by the Licensing Authority to permit tables and chairs and to serve food or drink by pubs, bars, restaurants etc with a 7 day consultation period.  The Licensing Authority has the right to grant or refuse (eg because unreasonably obstructing highway) or add conditions.   The New Pavement Café Licence expires on 30.9.2021, at the latest.  If there are problems with the pavement café area, then the Licensing Authority can revoke the permission. The grant of a New Pavement Café Licence constitutes deemed planning permission.  We expect that further Guidance will follow from the government.

(2) New Section 172F to be inserted into Licensing Act 2003. It will change all premises licences with alcohol on-sales, to now have deemed off-sales.  Off sales will apply over the same hours as on sales and premises can also provide a delivery service. Any conditions currently on the premises licence which are “inconsistent with” off-sales (including sealed containers) are to be suspended. Caveat: (a) This right to provide off sales doesn’t apply to premises who within last 3 years have had an application to provide off sales refused (new or variation) or a licence which has been varied or modified so as to exclude off-sales (eg at review or by minor variation); and (b) Summary review procedure can be used within 28 days to remove this new privilege if problems arise.

For advice on this or any other licensing matter, please contact Matt Foster on 0191 281 6151 or email mfoster@mincoffs.co.uk.