The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021

Draft Regulations laid before Parliament under section 197(4) of the Licensing Act 2003 and section 23(6) of the Business and Planning Act 2020, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2021 No. **

Licences And Licensing, England And Wales

The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021

Made

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Coming into force

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The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 107(12) and 197(2) of the Licensing Act 2003(1) and section 11(14) of the Business and Planning Act 2020(2).

The Secretary of State considers it reasonable to substitute the date specified in section 172F(10)(d)(i) of the 2003 Act, as that Act has effect by virtue of section 11(2) of the 2020 Act(3), and the date specified in section 11(13) of the 2020 Act, with a later date in order to mitigate an effect of coronavirus(4).

A draft of these Regulations has been laid before Parliament and approved by a resolution of each House, in accordance with section 197(4) of the 2003 Act(5) and section 23(6) of the 2020 Act.

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021.

(2) These Regulations come into force on the day after the day on which they are made.

(3) In these Regulations —

“the 2003 Act” means the Licensing Act 2003;

“the 2020 Act” means the Business and Planning Act 2020.

(4) These Regulations extend to England and Wales.

Modification of premises licences to authorise off-sales for limited period: temporary extension

2.—(1) In section 172F(10)(d)(i) of the 2003 Act (authorisation of off-sales for limited period), as that Act has effect by virtue of section 11(2) of the 2020 Act, for “2021” substitute “2022”.

(2) In section 11(13) of the 2020 Act (modification of premises licences to authorise off-sales for limited period: expiry date), for “2021” substitute “2022”.

Temporary event notices: increase in maximum number of events and days per year for 2022 and 2023

3.  In section 107 of the 2003 Act (counter notice where permitted limits exceeded)—

(a) in subsection (4)(6) (maximum number of events per year), after “notices” insert “, or, in relation to event periods occurring wholly or partly in 2022 or 2023, at least 20 temporary event notices”;

(b) in subsection (5)(7) (maximum number of days when temporary events can take place per year), after “21 days” insert “, or, in relation to event periods (or any part of those periods) occurring in 2022 or 2023, more than 26 days”.

Temporary event notices: consequential amendment to prescribed forms

4.  In the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(8)—

(a) for the form in Schedule 1(9), substitute the form in Schedule 1 to these Regulations;

(b) for the form in Schedule 4(10), substitute the form in Schedule 2 to these Regulations.

Name

Minister of State

Home Office

Date

Regulation 4(a)

SCHEDULE 1 Temporary Event Notice

Regulation 4(b)

SCHEDULE 2 Prescribed Form of Counter Notice (Permitted Limits)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 11 of the Business and Planning Act 2020 (c. 16) (“the 2020 Act”). Section 11 makes temporary modifications to the Licensing Act 2003 (c. 17) (“the 2003 Act”) and specifies that these modifications expire on 30 September 2021. The modifications provide automatic extensions of premises licences that only permit sales of alcohol for consumption on the premises (“on-sales”) to allow sales of alcohol for consumption off the premises (“off-sales”). They also apply temporary conditions to licences where there is a pre-existing permission for off-sales, to enable those premises to operate in the same ways as those granted the new permission, and provide for off-sales reviews to take place on grounds which are relevant to the licensing objective. Regulation 2 extends the application of the modifications to the end of 30 September 2022.

These Regulations also amend section 107 of the 2003 Act. Section 107 requires a licensing authority to issue a counter notice on receipt of a temporary event notice (“TEN”) where certain permitted limits are exceeded. The effect of giving a counter notice is that the proposed event is not authorised to proceed. Regulation 3 amends section 107(4) and (5) of the 2003 Act to increase, for the years 2022 and 2023, the number of TENs which may be given in relation to the same premises in the calendar year, without a counter notice being issued, from 15 to 20, and the number of days in the calendar year on which a single premises can be used to carry on licensable activities, from 21 to 26 days.

Regulation 4 makes consequential amendment to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (S.I. 2005/42) so as to replace the form, respectively, for a TEN and counter notice prescribed in Schedules 1 and 4 to those Regulations, to reflect the temporary TENs increases.

The amendments are made to mitigate the effects of the coronavirus pandemic.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2003 c. 17.

(2)

2020 c. 16.

(3)

Section 11(2) of the Business and Planning Act 2020 (c. 16) (“the 2020 Act”) modifies Part 9 (miscellaneous and supplementary) of the Licensing Act 2003 (c. 17) so that it has effect as if, after section 172E, there were inserted sections 172F to 172L, for a limited period.

(4)

“Coronavirus” has the meaning given by section 11(15) of the 2020 Act.

(5)

Section 197(4) was amended by section 23(3)(b) of the Violent Crime Reduction Act 2006 (c. 38), section 112(1) of, and paragraphs 29 and 44 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26) and section 67(12)(b) of the Deregulation Act 2015 (c. 20).

(6)

Section 107(4) was amended by section 68(1) of the Deregulation Act 2015.

(7)

Section 107(5) was amended by section 115(3) of the Police Reform and Social Responsibility Act 2011 (c. 13).

(8)

S.I. 2005/2918.

(9)

The form in Schedule 1 was substituted by S.I. 2010/2851, 2012/960, 2012/2290, 2014/2417, 2016/20 and 2017/411.

(10)

The form in Schedule 4 was inserted by S.I. 2012/960 and substituted by S.I. 2017/411.