National restrictions from 5 November 2020
A summary of the main provisions that are likely to be most relevant to your business are set out below following the amendment of The Health Protection (Coronavirus, Restrictions)(England)(No.4) Regulations 2020 on the National restrictions from 5 November 2020, you are advised to read (‘the regulations’) which can be found on the GOV.uk website.
In summary:
Restrictions on service of food and drink for consumption on the premises
A person responsible carrying on a restricted hospitality business, which including restaurants (including hotels and dining rooms in members’ clubs), cafes, bars (including bars in hotels or members’ clubs), social clubs and public houses (Full details are available in part 1 of the regulations Schedule) must:
- Close any premises, or part of the premises, which food or drink are provided for consumption on those premises, and
- Cease providing food or drink for consumption ‘on’ its premises
This includes areas adjacent to the premises where seating is made available for customers or which its customers habitually use for consumption of food or drink served by the business.
In relation to hotels or other accommodation:
- Food or drink provided as room service is not to be treated as being provided for consumption ‘on’ its premises
Other business that are not included as per part 2 of the schedule include cinemas, theatres, nightclubs, bingo halls and concert halls. Business permitted to remain open as per part 3 of the schedule include supermarkets, convenience stores, newsagents, off licences and licensed shops selling alcohol (including breweries) and petrol stations.
Exceptions
A restricted business or service are not prevented from:
- Selling food or drink (but not alcohol) for consumption ‘off’ the premises between the hours of 05:00 and 22:00. During the hours of 22:00 – 05:00 sales are only permitted via delivery, in response to an order through a website (other online communication), telephone (including text) or by post. If the purchaser collects the foods or drink between 22:00 – 05:00 they must not enter inside the premises, they can personally collect in a vehicle but the food or drink must be passed to them and the purchaser or any other person does not leave the vehicle
Or:
- Selling food or drink (including alcohol) for consumption ‘off’ the premises is only permitted via delivery, in response to an order through a website (other online communication), telephone (including text) or by post. The purchaser must not enter inside the premises, they can personally collect in a vehicle but the food or drink must be passed to them and the purchaser or any other person does not leave the vehicle
Further Government guidance that you are strongly advised to familiarize yourself with can be found on the GOV.uk website.
Should you wish to discuss any of the matters raised or require further advice, please do not hesitate to contact the Council’s Licensing team for further advice.