At the time of publishing (4 June 2020) we are still awaiting both relaxation of the lockdown regulations and guidance from the hospitality sector from the government on reopening licensed premises.
Now is a perfect time for you to be looking at your current Premises Licence.
- Is the current Designated Premises Supervisor (DPS) still working at the premises? If not, you will need to apply to change the name of the DPS.
- Is your licence fit for purpose? Check your premises licence including the plan:
- do you need to extend hours at the start or the end of trading
- do you need to modify conditions or include late night refreshment for hot food and/or drink between 11pm and 5am or
- include "off sales" if you intend to use outdoor areas?
Have you amended your internal layout in any way? If so, then it is possible that you will need to apply for a Minor Variation.
If you intend to provide hot food and/or drink for sale either for consumption on the premises or as a takeaway between 11pm and 5am, you will need to check the permitted opening hours on your planning consent. You will also need to apply for a Premises Licence issued under the Licensing Act 2003 if you do not already have a licence. If you already have a premises licence, the addition of late night refreshment to your licence can be done by applying for a Minor Variation to your premise licence, but only if it does not include extending the hours for the sale of alcohol.
You might want to consider whether you want to use a garden or other outdoor space as a location from which alcohol will be consumed. If the outside area is not already included on your premises licence plan, the following applies.
- If you are considering using an area for customers that has not previously been used for the sale and/or consumption of alcohol e.g. car park, then while change of use may not be required, you will still need to consider if it is needed. For further advice, please contact Planning at the Council.
- The sale of alcohol takes place where the alcohol is despatched from. For example, where drink orders are taken by a member of staff outside and the member of staff then returns inside to the licensed bar to collect the drinks and then returns to the outside space to give the customer(s) their drink(s), this is an "off sale" and you will need to have the sale of alcohol for consumption off the premises on your licence. If you already have permission for alcohol to be consumed on your premises, but you do not have sale of alcohol for consumption off the premises on your licence, you will need to either submit a Temporary Event Notice(s) or for a permanent change to your licence, you will need to submit an application for a Minor Variation to your licence.
- The outdoor area itself does not need to be on the plan, i.e. licensed if only consumption is taking place there.
- Alternatively, if you intend to provide a service where drinks are taken outside by a member of staff to sell them to customers and the bar staff does not go back inside the premises to collect the drinks, then it will be necessary for this outside area to be licensed for consumption on the premises. If you do not have this on your licence, you can submit a Temporary Event Notice(s) if you want to be able to do this on a temporary basis. For permanent changes to allow this, you will need to submit an application for a Minor Variation to your premise licence.
- If you intend to use outdoor mobile bars on land attached to your premises, these would not require planning consent unless the bar is fixed as planning consent may be required for any fixed structure. If you want to have an outdoor bar/marquee/fixed furniture outside on your land for more than 28 days, you may need planning consent. Also consider the impact of any new street furniture or advertising. For further advice please contact Planning at the Council.
- Outside bars will need to be licensed for on sales by either submitting a Temporary Event Notice for a temporary period or for permanent permission to sell alcohol from an outside bar and you already have permission for the sale of alcohol inside your premises, you will need to submit an application for a Minor Variation to your premise licence to include your outside bar on your Plan.
Premises with a Premises Licence (under Licensing Act 2003) who want to operate an alcohol delivery or takeaway service
We understand that pubs and similar establishments with a premises licence may look to change their business model and diversify in order to maintain business during this time.
A pub (or other similar premises) can offer an alcohol delivery or takeaway service but only if their existing Premises Licence has the provision of "off sales" of alcohol included on the licence.
Complying with the law
If you wish to operate an alcohol delivery or alcohol takeaway service with food, you need to have alcohol "off sales" on your licence.
In the conditions on your licence there must not be any condition that prohibits or restricts this activity. If there are other relevant conditions on the licence then these must be adhered to.
- You must demonstrate how the licensing objectives are being supported by the premises: Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and the Protection of Children.
- Only a person who is over 18 years old can purchase alcohol, so there needs to be a reasonable process in place for their age to be checked at the point of collection.
- Limiting contact when orders are collected will help keep everyone healthy, so you could consider requesting Photo ID be left for examination on a table at the door of your premises, once checked the id can be left with the alcohol rather than physically handing it over to them.
- Clear and prominent signage that food / drink orders are strictly for takeaway only must be displayed.
- You must make it very clear to customers that they need to refrain from consuming their orders on the street. Customers should be advised at the point of sale that the food/drinks are for consumption away from the premises, preferably in their own homes.
- The sale of alcohol would have to be done (dispatched) from the premises that is detailed in the licence, and no other premises.
- You can only operate this service within the hours for alcohol sales in your licence (so for example if your alcohol sales finishes at 11pm then you must stop all online or telephone ordering at this time - for this reason we expect that alcohol is paid for at the time of ordering and not on the doorstep).
- Orders and payment can be taken by telephone or online, and these can be administered from somewhere else other than the premises on the licence. The delivery address can be to anywhere, so doesn’t have to be in the Borough of Telford & Wrekin.
- Only a person who is over 18 years old can purchase the alcohol, so there needs to be a process in place to check this at the point of delivery.
- Limiting contact when delivering orders will help keep everyone healthy, so you could consider requesting Photo ID be left for examination on the floor at the door of your customer, once checked the id can be left with delivery the rather than physically handing it over to them. Knock on the door, step back at least 2 metres request ID, once checked place the order on the table and wait nearby for your customer to collect it.
If you already have permission for the sale of alcohol for the consumption on the premises on your licence, you can either submit a Temporary Event Notice(s) to enable you to operate a delivery service for a limited time or you can submit an application for a minor variation to your licence for a permanent variation to permit "off sales" of alcohol.
The fee varies according to the non-domestic rateable value of the premises. View more information about licence fees.
There is a statutory consultation period of 28 days once the application is submitted. If there are no representations after 28 days, the licence is automatically granted. If representations are made, the licence could take up to another 28 days to issue.
If granted, 15 working days. If representations are received by the Council, it can be refused with no Licensing Sub Committee Hearing.
A Temporary Event Notice (TEN) must be submitted no less than 10 working days for a Standard TEN or 5 working days for a Late TEN. (Not including the day it is submitted or the day of the event.) It will be acknowledged by the Council by the end of the 1st working day or by the end of the second working day if the TEN is submitted on a non-working day.
Up to 15 TENs for events totalling 21 days in any calendar year for one premises. There must be a clear 24 hours between events authorised by separate TENs. One TEN can cover an event lasting168 hours.