Q: I own a restaurant and since the pandemic takeaways and delivery have become a big part of the business, but we have been relying on the off-sales easement to sell alcohol with takeaways. I heard this may be coming to an end soon. Will I need to apply to add off sales to my premises licence?
A: The off sales easement – which permits premises licensed only for on sales to also provide off sales up to 11pm – is indeed due to expire very soon, on 31 March this year. The easement also benefits premises licensed for both on and off sales that have conditions restricting off sales by suspending these conditions until 11pm.
At present there is no proposal from the Government to extend the temporary period. While it is possible the Government will provide a solution in time for the 31 March, if you wish to continue to provide off sales, or to remove prohibitive conditions concerning off sales, then we would advise making an application to the local licensing authority to vary your premises licence now.
Some licensing authorities may require a “full” variation application to add or amend off sales permissions, although a more pragmatic authority might accept the changes under a minor variation application, particularly if you are a responsible operator.
The statutory time frame for a full variation application includes a 28-day consultation period, so I would encourage you and any operators still relying on the off sales easement to act quickly. If you receive any objections to the application then this will delay it further, as you will need to resolve the objections or have the application determined a Licensing Sub-Committee hearing.
Q: The general manager of my pub is about to go on maternity leave and she is the Designated Premises Supervisor on the premises licence. Do I need to appoint a new DPS or can she remain on the licence?
A: Legally, your Designated Premises Supervisor (DPS) does not have to be on site at all times, but they must be able to exercise day-to-day control over alcohol sales and are responsible for ensuring the conditions on the premises licence are complied with.
If your DPS only plans to be away from the premises for a short while, or if when they are away they stay in close contact and oversee operations remotely, then they can technically remain as DPS. However, in the case of maternity leave it is unlikely to be a short break from the business and I do not expect they will be able to effectively oversee operations remotely while taking care of a newborn baby.
In this case you should definitely appoint a new DPS, even if it is temporary until she returns from leave. This will require submitting a DPS variation application to your local licensing authority, along with consent from the new supervisor. Then, once she returns, a further application will need to be made to re-appoint her as DPS.
For anyone reading this who has a DPS who is often away from the premises, or a single DPS for multiple sites, it is worth bearing in mind that this comes with risks. If issues arise and the DPS is unavailable to handle them, then your business and the DPS could face enforcement action.
- David Inzani is a partner at Poppleston Allen
