Minister for Police (Dame ): The Business and Planning
Act (BPA) 2020 introduced a number of measures to allow
businesses to continue to operate during the Covid-19 pandemic.
This included a temporary easement to the Licensing Act 2003 that
allowed premises licence holders who were only permitted to do
on-sales (i.e. to sell alcohol for consumption on site)
additionally to automatically make off-sales (i.e. to sell
alcohol for takeaway and delivery, and for consumption within an
adjacent licensed pavement area) without having to apply to their
Licensing Authority for a licence variation.
The previous Government launched a consultation which ran from 16
May 2024 to 11 July 2024, which gave three options to maintain
these easements on a more long-term basis. These options were to
make permanent the alcohol licensing provisions in the BPA, to
amend the wording in the Licensing Act 2003 to extend the
definition of on-sales so that it includes consumption in a
licenced pavement area, or to amend the Licensing Act 2003 to
permit on-sales only premises licence holders the right to make
off-sales to any area for which there is a pavement licence.
There were 67 complete responses to this consultation exercise,
from licensing authorities, trade organisations and residents'
organisations, as well as members of the public. The majority of
these respondents disagreed or strongly disagreed with all three
options proposed. In light of those responses, the Government
does not currently have a basis to proceed with any of the
legislative options to maintain the temporary easements for the
long-term. As such, the off-sales measure will expire on 31 March
2025 and the Licensing Act 2003 will automatically revert to the
pre-Covid position.
While the Government must accept the results of the consultation
exercise conducted under the previous administration, we are
disappointed that there was not a consensus in favour of
retaining an easement from which many pubs and pubgoers have
benefited, and which supports our objectives both to promote the
growth of the UK economy, and specifically to support the
nation's pub trade. We therefore want to make it as simple as
possible for those pubs who wish to continue making off-sales to
secure the licensing permission to do so from their local
authorities.
Towards that end, the Government will be amending the guidance
made under Section 182 of the Licensing Act to advise Licensing
Authorities that – where businesses have been benefiting from the
current easement and wish to continue making off-sales beyond
April 2025 – their applications to amend their licence should be
treated as minor variations. This process is quicker and cheaper
than major licence variations and, for example, does not require
a local newspaper advertisement.
The Government will monitor the decisions made around the country
by local authorities on these requests for licence variations, in
liaison with the beer and pub industries, and will assess any
evidence that pubs where the current easements have been working
successfully are being denied the opportunity to continue making
off-sales beyond April 2025 without reasonable cause. In those
circumstances, and notwithstanding the results of last year's
consultation exercise, we will consider what further steps may
need to be taken through the licensing regime to support our
local pubs.
A copy of the consultation results will be placed in the
Libraries of both Houses and published on GOV.UK.
