The Home Office has announced that the current extension of off-sales of alcohol should continue for a further 12 months until 30 September 2022.
This extension allows premises licences, which normally only permit the sale of alcohol for consumption on the premises, to sell alcohol for consumption off the premises.
Businesses such as pubs, bars and restaurants have been hit hard by Covid-19. Many have been closed for an extended period and as they re-open, social distancing guidance will significantly affect their capacity to accommodate customers. This measure forms part of a package designed to make it easier for businesses to make use of outdoor space for dining and the sale of alcohol, helping the hospitality sector get back on its feet again through the busy summer months.
The provisions in the Act temporarily modify the Licensing Act 2003 to provide an automatic extension to the terms of most premises licences which only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises. This will make it easier for licensed premises to sell alcohol to customers for consumption off the premises in England and Wales, which will allow businesses to trade and maintain social distancing.
The new off-sales permission will permit off-sales to be made at a time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier. Measures also temporarily suspend existing licence conditions in so far as they are inconsistent with the new off-sales permission.
Further information can be found on the Gov.uk website.
The Welsh Governments Chief Planner, Planning Directorate stipulated that the Temporary permitted development rights that were introduced in April 19 to support the hospitality industry, allowing a flexible approach should be maintained where businesses seek to utilise their curtilage for the provision of food and drink, including the erection of temporary structures until 3 January 2022.
We clearly encourage businesses to submit planning applications to retain development where the planning impacts are acceptable (or could be made acceptable through conditions) to allow plenty of time for consideration before the deadline. Otherwise businesses should be reminded temporary uses will need to cease and structures be removed by 3 January 2022 or they will become at risk of enforcement action after this time.
Temporary Events Notices
For the duration of 2022 and 2023, the number of Temporary Event Notices that a premises user can give will also increase from 15 to 20 per calendar year and the maximum number of days a temporary event may be held at a premises will increase from 21 to 26 days per calendar year.
A single premise can have up to 20 TENs applied for in one year, as long as the total length of the events is not more than 26 days, for events taking place in 2022 and 2023 only.
OFF Sales of Alcohol – Requirement to be Sold in Sealed Vessels
If your premises licence authorises the sale by retail of alcohol for consumption off the premises (this will be detailed on both part A and part B of your premises licence), any off sales you make from your premises must be made in fully sealed vessels.
It is illegal to sell an off sale in an open vessel.
For further advice email firstname.lastname@example.org
- UK Hospitality Reopening Guidance for Hospitality in Wales
The Licensing Act 2003 sets out the law relating to alcohol sales, public entertainment, the exhibition of films and performances of plays and the sale of hot food and drink after 11pm.
Newport City Council, as the licensing authority, uses the following objectives to make sure licences meet the public interest:
the prevention of crime and disorder
the prevention of public nuisance
ensuring public safety
the protection of children from harm
Premises licence - needed for the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment.
Personal licence - allows an individual to supply, or to authorise the supply of alcohol from an establishment with a premises licence.
Club premises certificate - required by clubs offering activities from premises to which public access is restricted and alcohol is supplied other than for profit.
Temporary event notice - a temporary event notice (TEN) can authorise a licensable activity at a small scale one off event.
Download the Licensing Act 2003 Statement of Policy 2021 (pdf)