CLH Digital - Issue #14

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Issue 14

CLH Digital

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Outdoor Dinning Boost as Government Relaxes Planning & Licensing Process (CONTINUED FROM FRONT COVER) Emma McClarkin, Chief Executive of the British Beer & Pub Association, said: “Al Fresco pubs will be welcomed by publicans and customers alike. It will give pubs more outdoor space to serve more customers with, which will help them on their road to recovery. “Our pubs face a 30% reduction in capacity when they reopen under one metre plus social distancing guidelines, so giving them more outdoor space will be a big help. Pub goers will certainly enjoy the freedom of being able to order a proper pint of draught beer, whilst soaking up the summer sun outside the pub. “For those pubs in more urban areas that do not have a pub garden, this is particularly good news. pubs are getting ready to reopen from 4th July following the guidance set by Government and doing everything they can to ensure both customers and staff alike are safe when they return to their local.” Changes for the hospitality industry introduced by the government will: • reduce the consultation period for applications for pavement licences to from 28 calendar days to 5 working days, and grant consent after 10 working days if the council does not issue a decision • set a lower application fee for a pavement and street cafe licence of up to £100 • remove the need for a planning application for outdoor markets and marquees, meaning they can be set up for longer

• provide more freedoms for areas to hold car-boot sales and summer fairs Councils will need to continue to ensure their communities are consulted on licensing applications, that waste is disposed of responsibly, and that access to pavements and pedestrianised areas is not compromised. The announcement follows a new £50 million fund to support local high streets introduced last month and the government’s decision to extend the working hours of construction sites in order to get the country building again. The Reopening High Streets Safely Fund will help councils in England introduce a range of safety measures in a move to kick-start local economies, get people back to work and customers back to the shops. Niall McCann, licensing and regulatory partner at Keystone Law said: “For the third day in a row the hospitality industry has had some good news from the government. The Business and Planning Bill proposes that premises licences can have unrestricted off sales until the end of September 2021. Whilst there are some licence exclusions and restrictions, this is a further boost to the industry to get it back on its feet. The consultation period for tables and chairs licences has also been cut from 28 days to 7 days with a reduced fee. England is going al fresco! We wait to see how these proposals work in practice as there is a lot of preparation that needs to take place in the next 9 days. With councils now being swamped with applications, common sense will need to apply and enforcement officers should be sympathetic to operators who are

still waiting for applications to be approved or processed.” Gareth Hughes, licensing and planning barrister at Keystone Law said: “The new Business and Planning Bill 2020 published this morning by the government outlines one of the most significant development in licensing with the introduction of the Pavement License. For a number of years, operators have been dealing with planning and highways permission issues of tables and chairs on the public highway. At the stroke of legislative pen, the government has set up a new regime which shall last until the end of September 2021 and provide a lifeline for many establishments that do not access to an have open space. The council’s will now need to act swiftly to set up on line application forms and payment vehicles as well as develop a set of conditions as to use and agree fees. Applications are anticipated straight away from bars and restaurants all over the country so local authorities can expect a very busy period ahead. “Another much anticipated relaxation in the Bill is to the permission on off sales of alcohol. Where licences currently prohibit off sales, those license conditions will be suspended. It is important to note that the Bill also provides for a new off sales summary review procedure, which means licences can be subject to review before the licensing committee of the council if there are breaches of the licensing objectives, such as public nuisance and noise. Operators should carefully monitor these conditions as an infringement could be mean revocation of the off sales permission.”

PM Confirms The Hospitality Sector Will Reopen On 4th July As Social Distancing Rule Reduced Prime minister Boris Johnson has confirmed that almost all hospitality businesses in England can reopen from 4 July and has reduced the twometre rule to ‘onemetre-plus’. In a commons address The Prime Minister said the lockdown easing could continue “given the significant fall in the prevalence of the virus”. The Prime Minister also acknowledged that that the current twometre social distancing guidelines would make it economically unviable most hospitality businesses, he said that where it is possible to keep two metres apart people should, however, where it is not, ‘one-metreplus’ should be observed, as well as mitigations to reduce likelihood of transmission, such as face coverings, screens between tables, improving

ventilation and hand sanitiser. Hospitality establishments will be allowed to serve customers indoors, but this must be limited to table service, the Prime Minister said. Operators will also be asked to assist the NHS test and trace app by collecting data to record customers’ contact details for tracing purposes in the case of a local outbreak. “We will ask businesses to help NHS test and trace responds to any local outbreak by collecting contact details from customers, as happens in other countries and we will work with the sector to make this manageable” he said. The changes will take effect from July 4, as outlined in the Government’s roadmap to relaxing the lockdown. Johnson told MPs in the House of Commons “our long national hibernation is beginning to come to and end and life is returning,” but he warned “it will be all too easy for that frost to return”, and said all measures will be “under constant review” and the government “will not hesitate to apply the handbrake, or reverse measures, should the virus begin to run out of control”. Businesses which will not be allowed to reopen include nightclubs,

bowling alleys, spas, nail bars, massage parlours, indoor fitness centres, indoor gyms, sports venues, water parks, swimming pools and exhibition centres. Mr Johnson said the culture secretary and business secretary would “establish task forces with public health experts and the sectors” to help closed businesses become Covid-secure and reopen. The Society of Independent Brewers (SIBA) have warned that pubs reopening is the first step on the road to recovery for the beer industry, with further support for small brewers needed to keep beer flowing. Responding to Boris Johnson’s announcement James Calder, SIBA Chief Executive said: “The Prime Minister’s announcement today is what the nation has been waiting for. But hundreds of brewers and thousands of pubs are still on the precipice. Many will struggle with table service only when ordering from a bar can be done safely.” “Beer sales will not return to normal levels anytime soon, so the UK’s brewers need a continued support package and a clear roadmap for how they will be financially supported. Government has failed to meet its own timetable, and failed to support brewers in the same way the rest of hospitality has been. Whilst today’s news is a positive step, we have a lot more work to do yet.”


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