Extra sales revenue streams for on-trade ended by Gov

21-Jul-2023 - Last updated on 21-Jul-2023 at 09:08 GMT

Money streams closed: UKHospitality wonders how serious the Government is about reducing red tape for businesses (credit: Getty/chabybucko)

The Government has decided it will end automatic provision for pubs and bars to sell alcohol for off-site consumption and will halt the increased number of temporary event notices (TENs) permitted too.

The move comes after a consultation on whether to make permanent the alcohol licensing provisions in the Business and Planning Act 2020 or to return to the pre-Covid provisions in the Licensing Act 2003.

Trade body UKHospitality (UKH), which had been a strong proponent of both measures being made permanent, after being temporarily introduced during the pandemic, voiced its dismay over the decision.

Red tape

UKH chief executive Kate Nicholls said: “There’s no doubt that this is disappointing news for hospitality businesses. The temporary measures introduced during the pandemic were practical and enabled businesses to generate additional sales.

“This decision will raise questions among hospitality businesses about how serious the Government is about reducing red tape for businesses, particularly when this would have been a low-cost, high-reward change.

“I would continue to urge the Government to consider measures like these as prime targets for change, as part of its focus on deregulation. UKHospitality and its members are keen to work together with government departments to identify areas that can be improved or changed, to reduce the regulatory burden and boost the economy.”

Local authority’s discretion

Licensing solicitor Poppleston Allen explained: “The reasoning is that the relevant legislation was effectively to mitigate the effect of a pandemic, which is now over.

“This means those premises relying on the exemption will lose it on 30 September 2023. Those premises will have to make an application to add off-sales, although the Government’s announcement does recommend that this is done by way of minor variation. In reality, this will be at the discretion of the local authority.”

Responses collected by the Government in its consultation were not overly weighted in agreement or disagreement, whichever view was taken on the points in question.

Here are some selected results from its survey:

Off-sales

Do you agree that when the regulatory easement ends on 30 September 2023, there should be no automatic extension of an on-sales premises licence; anyone wishing to do off-sales should apply to their licensing authority for a variation to their on-sales licence?

Yes – 65%
No – 35%

Should any such amendment to an on-sales licence be treated initially as a minor variation?

Yes – 56%
No – 44%

Should all new applications for premises licences specify on-sales and off-sales or should they automatically include both?

On and off-sales listed separately – 68%
Automatically include both on and off-sales – 32%

If a premises licence holder also holds a pavement licence for the same venue, should the area covered by the pavement licence be automatically deemed to be included in the area covered by the premises licence?

Yes – 45%
No – 55%

Do you agree that the regulatory easement should be made permanent, meaning that any on-sales premises licence holder is automatically able to do off-sales without any need to amend their licence?

Yes – 39%
No – 61%

If you answered yes to Q7, should it apply to off-sales, take-away or both?

Yes – 83%
No – 17%

Are you aware of any change in the level of crime and/or antisocial behaviour as a result of the off-sales easement?

Yes – 35%
No – 65%

Temporary events notices (TENs)

Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance should return to the level set out in the Licensing Act which is 15 TENs per year?

Yes – 52%
No – 48%

Should the annual allowance set out in the Business and Planning Act be extended for a further 12 months to 31 December 2024?

Yes – 33%
No – 67%

Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance of 20 TENs should permanently remain at the level set out in the Business and Planning Act 2020?

Yes – 37%
No – 63%

Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance of 26 days should permanently remain at the level set out in the Business and Planning Act 2020?