On 22nd July 2020, the Business and Planning Act 2020 came into effect and temporarily modifies provisions of the Licensing Act 2003 until 30th September 2021. It provides an automatic extension to most premises licences, which currently only permit the sale of alcohol for consumption on the premises, to allow the sale of alcohol for consumption off the premises. This will allow businesses to continue to trade and maintain social distancing.
This means that off-sales can now be made, with immediate effect, when licensed premises are open for the purposes of selling alcohol for consumption on the premises. It will be subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier. Licence conditions are also temporarily suspended. For example, if an existing condition prevents off-sales in open containers, then this variation allows sales in open containers.
The provisions in the Act will enable off-sales to be made into spaces not covered by the premises licence, such as highways and car parks. However, you may wish to consider contacting the Council’s Highway Team for further advice relating to the placing of tables and chairs on pavements. Please note that the appropriate licence must be in place prior to any furniture being placed on the public highway.
The permission is only given to businesses with premises licences, so those organisations with club premises certificates are not covered by the provisions in the Act and should seek advice from the Council’s Licensing Team.
You do not need permission from the council to start making off sales. However, please notify the Licensing Team if you intend to start making off-sales under the new permission, so that we are aware of all the ways you are providing licensable activities.
The Business and Planning Act 2020 can be found here
https://www.legislation.gov.uk/ukpga/2020/16/enacted
The guidance in respect of Part 1 of the Act, which relates to alcohol licensing only, can be found here
https://www.gov.uk/government/publications/guidance-for-temporary-alcohol-licensing-provisions-in-the-business-and-planning-bill/alcohol-licensing-guidance-on-new-temporary-off-sales-permissions