Licensing Act 2003: regulatory easements consultation responses
Updated 15 August 2023
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Between 6 March and 1 May 2023, the government ran a consultation on whether to make permanent the alcohol licensing provisions in the Business and Planning Act 2020 (BPA) or whether to return to the pre-covid provisions in the Licensing Act 2003.
A total of 174 complete responses were received. Responses were received from licensing authorities, trade organisations and residents’ organisations, as well as members of the public.
The Home Office would like to thank everyone who took part in the consultation and appreciates the time taken to complete the survey.
Next steps
The government has decided to extend the temporary off-sales regulatory easements, set out in the Business and Planning Act 2020 (BPA), until 31 March 2025 in order to continue to provide vital support to the hospitality sector.
Whilst the consultation showed 65% of respondents favour a return to the pre-covid off-sales provisions of the Licensing Act, the government has carefully considered this in combination with evidence of the continuing effects that the covid pandemic has had on the hospitality sector. The decision to extend the off-sales provision for a further 18 months will ensure that the hospitality sector can maximise every opportunity to recover fully from ongoing residual effects of the pandemic.
The government’s ultimate goal is to create a unified pavement licence that includes licensing consent for the consumption and sale of alcohol in the outside pavement area. This will reduce the administrative burden of cafes, pubs and restaurants having to apply for multiple consents from their council.
This announcement and future plans in this policy area form part of the government’s Smarter Regulation programme of regulatory reform announcements that began in May with publication of Smarter Regulation to Grow the Economy. Smarter regulation is about improving regulation across the board, ensuring it is clear and only used where necessary and proportionate.
Local residents and responsible authorities would still be able to make representations on the merits of such a licence. During the 18 month period of the temporary extension to the off-sales provision, the government will work to create a permanent solution that will make this goal a reality, whilst ensuring that the relevant concerns raised in the consultation are also addressed.
In relation to temporary event notices (TENs), 63% of respondents opposed making permanent the increased allocation. Take up of TENs has been low: statistics which the Home Office published in October 2022 show that as of 31 March 2022, there was a 33% decrease in TENs used compared with the year ending 31 March 2018. The government will therefore not be bringing an order to extend the TENs provisions. Accordingly, the Licensing Act will revert to the pre-covid position when the BPA measures for TENs expire on 31 December.
Responses to questions
Off-sales
1. Do you agree that when the regulatory easement ends on 30 September 2023, there should be no automatic extension of an on-sales premises licence; anyone wishing to do off-sales should apply to their licensing authority for a variation to their on-sales licence?
Yes – 65%
No – 35%
2. Should any such amendment to an on-sales licence be treated initially as a minor variation?
Yes – 56%
No – 44%
3. Should all variation applications automatically be sent to responsible authorities?
Yes – 84%
No – 16%
4. Should any such amendment to an on-sales licence always be a major variation?
Yes – 45%
No – 55%
5. Should all new applications for premises licences specify on-sales and off-sales or should they automatically include both?
On and off-sales listed separately – 68%
Automatically include both on and off-sales – 32%
6. If a premises licence holder also holds a pavement licence for the same venue, should the area covered by the pavement licence be automatically deemed to be included in the area covered by the premises licence?
Yes – 45%
No – 55%
7. Do you agree that the regulatory easement should be made permanent, meaning that any on-sales premises licence holder is automatically able to do off-sales without any need to amend their licence?
Yes – 39%
No – 61%
8. If you answered yes to Q7, should it apply to off-sales, take-away or both?
Yes – 83%
No – 17%
9. Are you aware of any change in the level of crime and / or anti-social behaviour as a result of the off-sales easement?
Yes – 35%
No – 65%
Temporary events notices
10. Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance should return to the level set out in the Licensing Act which is 15 TENs per year?
Yes – 52%
No – 48%
11. Should the annual allowance set out in the Business and Planning Act be extended for a further 12 months to 31 December 2024?
Yes – 33%
No – 67%
12. Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance of 20 TENs should permanently remain at the level set out in the Business and Planning Act 2020?
Yes – 37%
No – 63%
13. Do you agree that when the regulatory easement ends on 31 December 2023, the annual allowance of 26 days should permanently remain at the level set out in the Business and Planning Act 2020?
Yes – 50%
No – 50%
14. Are you aware of any change in the level of crime and / or anti-social behaviour as a result of the TENs regulatory easement?
Yes – 28%
No – 72%