Operators 'should be extremely careful' with delivery locations
This means deliveries should be made to a residential or business address rather than a park or nearby off-site location.
Delivery addresses must take into account that people are not allowed to leave their homes apart from for essential reasons.
People are allowed to leave home to buy groceries, exercise, acquire medical supplies or assistance and meet up with one person from another household for exercise.
Guidance from the Government states: “You cannot leave home for recreational or leisure purposes (such as for a picnic or a social meeting).”
Hardening of attitudes
Pubs should not deliver pints to parks or other public outdoor spaces, as some did in the spring after rules on socialising outdoors were eased following the first lockdown.
Andy Grimsey, partner at licensing solicitors Poppleston Allen cautioned operators think twice if they are considering using a nearby location as a pick-up point for deliveries.
He explained: “There is no definition [in the legislation] of how or where such deliveries should be made (for example to someone’s home or place of work) but with the policy objective of reducing social contact and unnecessary travel, and limiting gatherings, operators should be extremely careful if they plan to utilise a nearby car-park or outside space to make ‘deliveries’.
“Some dictionary definitions of the word ‘delivery’ imply that it is to a place of residence or work only, and with a general hardening of attitudes on enforcement by the authorities, any ‘delivery points’ should be thoroughly risk-assessed and documented to ensure the risk of virus transmission is reduced.”
No control over customers
He added: “You may also have no control over customers who decide to open and consume their alcohol at a nearby delivery site, with the obvious possible enforcement consequences."
Operators and trade organisations have criticised the Government’s decision to ban alcohol sales by takeaway, click-and-collect and drive through.
They said pubs were being unfairly targeted as supermarkets were allowed to sell alcohol with no added restrictions.
The Morning Advertiser editor Ed Bedington wrote: “Yes, I get the idea that people buying single pints and glasses of wine and sitting out in the streets is a factor the Government is looking to mitigate. But for crying out loud, it’s minus one out there!
“People who are determined to meet up with their friends at minus one in the street are going to do that regardless.”
