The Government has published documents covering different business sectors setting out what small business owners can do to ensure their businesses protect employees and customers against Covid-19. They call this being “Covid-19 secure” and small businesses can display badging that they have followed the guidance. For licensed premises the guidance is as follows:
If you wish to enquire about putting tables and chairs on land you believe to be owned by East Suffolk Council, please contact our Estates Team, who may be able to grant you a land licence for this purpose.
If you wish to use private land for tables and chairs, for customers to consume their drinks, that is not already included on your premises licence plan (consumption of off sales) you are able to do so without the need to vary your premises licence. You must of course seek the land owners permission if the land does not belong to you. The new Business and Planning Bill proposes to automatically entitle premises with on sales to be awarded off sales (for those that don’t already have off sales) for a temporary period to allow this use of outside space for tables and chairs.
Will it be necessary for a premises licence holder to vary a premises licence to show
any new areas designated by the premises for the consumption of off sales outside the
area recorded for the consumption of alcohol on the existing premises licence?
No, East Suffolk Council’s position is that such a variation will not be required for off sales. The mandatory conditions to which off sales are subject will apply in the usual way.
If I have a pavement licence for a stall, can I sell and supply alcohol from the stall
without varying my premises licence?
No, the pavement licence, if granted, only permits you to place furniture on the highway for
the selling and serving of food or drink supplied from the premises. The Pavement Licence
does not, in and of itself, permit you to undertake the licensable activity of selling and
supplying alcohol from the highway. An application to vary the premises licence or a
Temporary Event Notice would be required to extend, or have an additional area, for the
sale of alcohol.
Can a premises sell and supply alcohol from a stall/pop up bar erected outside the
licensed area on the existing premises licence?
No, a full variation of the premises licence would be required to extend the area, or have an
additional area, for sales of alcohol. An additional or extended area for the sale of alcohol
could adversely affect the licensing objectives and would require a full consultation.
Do I need to vary my premises licence to be able to erect a marquee/tent in the beer
garden or car park?
No, if the purpose of the marquee/tent is simply to accommodate tables and chairs and
provide shelter from inclement weather.
Yes, if you are seeking to extend the area/have an additional area for the sale of alcohol (e.g.
a popup bar) in the marquee/tent outside.