Legal: off sales, pavement licences and TENs

The government has recently issued a number of updates, which will affect pubs and bars in the coming months. Ewen Macgregor, licensing partner at law firm TLT, reviews upcoming changes regarding off sales, pavement licences and Temporary Event Notices for Pub & Bar readers.

Off sales relaxation to end on 30 September 2023
The Covid relaxation allowing all premises licence holders to carry out off sales is coming to an end on 30 September 2023.

• If your premises licence does not currently authorise off sales then you will need to apply to vary you licence to allow any off sales post 30 September 2023
• If your premises licence authorises off sales, albeit subject to conditions, and you wish to continue to make un-restricted off sales after 30 September 2023 you will need to apply to vary your premises licence
• The government recommendation is that these changes can be approved by way of a minor variation although the process will ultimately be at the discretion of your local licensing authority
• The government is revising the national guidance to local authorities on this specific issue and you should hold off submitting your variation application until the guidance has been updated
• If your current premises licence authorises unrestricted off sales you will not need to vary your premises licence.

Temporary Event Notices (TENs)
The extension in the number of TENs that a premises can apply for, brought about as a consequence of Covid, will come to an end on 31 December 2023.

From 1 January 2024, the annual number of TENs that a licensed premise user can have will return to their pre–Covid limits as follows:

• Number of TENs applications that can be submitted in a calendar year – 15
• Maximum number of days that the TENs can cover – 21

Pavement licensing extended through to 30 September 2024
The current pavement licence regime has been extended through to the end of September 2024. If your premises currently has the benefit of a pavement licence (many of the current permissions expire at the end of September 2023) then you should reapply for a further pavement licence to ensure that you have continuity of trade in your external area.

This application should be submitted in sufficient time (at least two weeks before the current expiry date for your existing permission) to enable your licensing authority to consult and determine your application, before the existing permission expires

If your premises does not currently have the benefit of a pavement licence (or you wish to extend the area covered by your pavement licence) you should consider making an application for a new permission to take advantage of any “grandfather rights” that may exist when the pavement regime is made permanent, likely 2024.

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