Government response to consultation on relaxation of off-sales and Temporary Event Notices

In March 2023, the Government launched a consultation on potentially continuing regulatory easements brought in due to the pandemic, which are due to expire this year, namely:

1. on-sales premises licence holders automatically being allowed off-sales subject to certain restrictions; and
2. increasing the Temporary Event Notice entitlements for premises.

The Government response has now been issued and can be found here. In short, neither regulatory easement will continue beyond their current expiry dates.

This means that the off-sales easements will cease on 30 September 2023 and the Temporary Event Notice entitlements will revert back to their pre-pandemic position from 1 January 2024 (i.e. each premises will be permitted 15 TENs across an aggregate of 21 days per calendar year)

Off sales

The withdrawal of the automatic off-sales entitlement may catch out venues who have been operating external areas such as Pavement Licence areas utilising this easement – although see below.  For premises which do not already have permission to allow ‘off-sales’ on their licence will now require a formal variation of their licence if they wish to continue to carry on off-sales after the 30^th September 2023.  Operators should be aware of the consultation periods variation applications are subject to and the potential delay in determination, should their application be opposed.

The Government response notes that it is possible to vary premises licences to take the benefit of off sales and they indicate that they “will amend the guidance made under Section 182 of the Licensing Act to advise Licensing Authorities initially to treat applications for amendments as a minor variation to the licence”. This could relate to specific licence changes only in order to mirror the easement – we await further details on that point.

Further of interest, in respect of areas covered by a pavement licence “The government believes that the unified pavement licence should include licensing consent for the consumption and sale of alcohol in the outside pavement area…. Subject to further technical consultation, we intend to legislate for this when Parliamentary time allows.” Again, more details will be required on this point to determine exactly what it will entail. For example, many licence conditions state that open containers cannot be removed from the premises so it remains to be seen whether such conditions would be disapplied when the open containers are taken into a pavement licence area and if so whether there might be a curfew on such disapplication.

Operators that previously took the benefit of these easements are urged to consider the impact that their removal will have on their business and look to take any remedial action such as varying their licence in good time before the easements end, subject to any further Government clarification.

Should you have any queries about these, or require assistance with varying your premises licence, please contact one of our Solicitors for further advice.