The Licensing Act 2003 FAQ’s

The Licensing Act 2003 FAQ’s – COVID 19 - Dated 27th April 2020

Businesses and premises which must remain closed

The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 includes a list of premises and other venues which must close as they involve prolonged close social contact, which increases the chances of infection spreading.

The full Government guidance can be found online https://www.gov.uk/government/publications/further-businesses-and-premises-to-close/further-businesses-and-premises-to-close-guidance

New enforcement powers and breach of regulations

Environmental Health and Trading Standards Officers will monitor compliance with these regulations, with police support provided if appropriate. Businesses and premises that breach them will be subject to prohibition notices, and potentially unlimited fines.
Any ‘person responsible for carrying on a business’ can be prosecuted, and this includes both limited companies and their directors, managers or other officers.

The Licensing Authority may also consider reviewing and revoking a licence for refusal to comply with the Government order.
The College of Police have also issued this advice which also includes a helpful summary of what is allowed and what isn’t. This can be found online

https://www.college.police.uk/Documents/COVID-19-Police-brief-in-response-to-Coronavirus-Government-Legislation.pdf

Supermarkets and shops able to remain open

Measures to be put in place for retail and public premises, which we expect to remain open must:

• Ensure a distance of two metres meters between customers and shop assistants.
• Only allow one customer at a time to enter the shop to purchase food items and control numbers at any one time with the shop or to collect a food order.
• Queue control is required outside of shops and other essential premises that remain open.

Takeaway and delivery facilities should remain open and operational

This means people can continue to enter premises to access takeaway services, including delivery drivers.
Businesses are encouraged to take orders online or by telephone, and businesses should not provide seating areas, indoors and outdoors, for customers to consume food and drink on.
Ordering in advance is strongly encouraged to avoid waiting in, as per Public Health England guidelines.
People must not consume food or drinks on site at restaurants, cafés or pubs whilst waiting for takeaway food.

Can I start a food delivery business using my premises licence?

Planning regulation has been changed to enable restaurants, cafés and pubs which do not currently offer delivery and hot food takeaway to do so.

Relaxation of planning measures will apply for a limited period. The measures will apply to hot food and drinks. The legislation can be accessed online http://www.legislation.gov.uk/uksi/2020/330/contents/made
Serving of alcoholic drinks will continue to be subject to existing licensing laws.
If you change your business type to provide takeaways or deliveries of food, please note that you must still comply with your premises licence conditions.

What does your premises licence allow you to do?

We are still waiting for more information from the government, but based on what we know from the announcement:

The delivery of food is not licensable under the Licensing Act 2003. It is therefore open to businesses to start food delivery services immediately from a licensing perspective.

Note that hot food and beverage delivered between 23:00 and 05:00 will require a Late-Night Refreshment Licence.

Alcohol deliveries cannot be included in your food deliveries unless you have an off sales licence for alcohol and payment for alcohol deliveries is taken where you hold the licence and is taken during your licensing times.

You must ensure you have adequate age verification procedures in place for deliveries that include alcohol.

My Designated Premises Supervisor (DPS) can’t be at the premises because of COVID-19
It is not a requirement for a DPS to be physically present at the premises at all times. The role of a DPS is to be the point of contact with the Responsible Authorities and to have day to day management of the premises.

Do I have to pay my premises licence annual renewal fee, if I cannot open for a period of time?

There is no specific exemption on offer at this time which allows you to avoid paying your annual fee, therefore we are sending out invoices as usual. We are still legally required to suspend licences where payment is not made.

Premises that have closed and non-payment is due to the pandemic may decide not to pay the annual fee and allow the licence to be suspended.

Suspended premises licences can be re-instated upon receipt of the annual fee payment.

Premises can be open with the licence suspended if no licensable activity is taking place i.e. restaurant selling food for takeaway or deliveries but no alcohol.

Premises that are permitted to remain open but are unable to pay the annual fee due to the pandemic are requested to contact the licensing team to discuss.

Fees under the Licensing Act 2003 are set centrally and local authorities do not have the discretion to provide refunds.

I need to postpone my event; will my licence be affected?

If you need to postpone your event due to the Covid-19 outbreak, you need to check your licence. Most premises licenses will be issued in perpetuity and can therefore be used at any time in the future. Some premises licences however may be time limited. If your premises licence is time limited, it cannot be relied on for different dates.

Hearings and applications under the Licensing Act 2003

In line with government advice, our offices are closed to the public with officers working from home, so please do not attempt to make the journey to drop off any paperwork, payments etc.

Licensing can be contacted by emailing licensing@westberks.gov.uk / licensing@wokingham.gov.uk / Licence.All@Bracknell-Forest.gov.uk

We accept applications by email and/or by post, although applications served by mailing services may not be received or considered promptly.

Applications, hearings and requests are being addressed on a priority basis. We will do our best to process your application or questions as quickly as possible.

Valid applications to transfer licences and/or vary the Designated Premises Supervisor take immediate effect, we will issue your amended documents as soon as we can, but you may continue to trade in the interim.

Applications for new or variations to existing premises licences which attract relevant representations and need to be determined by the Council's Licensing Sub Committee may need to be delayed. The Council is currently exploring options in relation to operating hearings remotely and we will do everything we can to ensure that your application is progressed and determined as quickly as possible.

Applications for personal licences can be emailed as they are not able to be applied for online. Please send the application form, associated documents and 2 photos (one of which must be endorsed) to licensing@westberks.gov.uk / licensing@wokingham.gov.uk / Licence.All@Bracknell-Forest.gov.uk

When we are ready to process your application, we will contact you to take payment.

Temporary event notices (TENs)

Please use the existing online process for this if you can. If you cannot use the online process, you can submit the form by email.
We cannot issue a refund for any cancelled event. You can however withdraw the TEN so that it does not count towards your totals for the year. Please email us at licensing@westberks.gov.uk / licensing@wokingham.gov.uk / Licence.All@Bracknell-Forest.gov.uk

Insolvency

A premises licence lapses with immediate effect if the holder of the premises licence becomes insolvent. If action is taken within 28 days then the premise licence can be reinstated.

However, if no action is taken and the 28-day period expires then the licence lapsed irreversibly. Those with a vested interest in the premises should consider giving notice of interest to the licensing authority.

Insolvency does not affect personal licences.

Reliefs and grants

Central Government has announced several measures to support businesses suffering due to Coronavirus. All up to date information can be found on the Government website.
https://www.gov.uk/government/collections/financial-support-for-businesses-during-coronavirus-covid-19

27 April 2020 - The Licensing Act 2003 FAQ’s – COVID 19 - Dated 27th April 2020