This consultation sets out for consultation proposals on a number of regulatory easements, including off-sales and Temporary events notices (TENs).

The Business and Planning Act 2020 provided regulatory easements which enabled on-sales premises licence holders to automatically additionally do off-sales, without any need to amend their licence.The 2020 Act also increased the annual number of Temporary Event Notices (TENS) that a licensed premise user can have in respect of a premises from 15 to 20 per year. 

The Home Office is consulting to understand whether there is support for making permanent the regulatory easement or whether to return to the allowance set out in the Licensing Act.

The proposals

Off-sales

• Option 1: Do nothing. This means that the easements provided by the Business and Planning Act 2020 lapse after 30 September 2023 and arrangements revert to those set out in the Licensing Act 2003. Any premises licence holder whose licence only allows on-sales will need to apply for a variation if they additionally wish to provide off-sales.
• Option 2: Make permanent the temporary regulatory easements for off-sales under the Business and Planning Act 2020, whereby any on-sales alcohol premise licence automatically covers off-sales as well. This would apply to existing and future premises licence holders.
• Option 3: If a venue has both an alcohol premises licence and a pavement licence, the area covered by the pavement licence would be automatically included in the premises licence.

Temporary events notices (TENs)

• Option 4: Do nothing. This means that the easements provided by the Business and Planning Act 2020 lapse after 31 December 2023. The number of TENs permitted will revert to the numbers set out in the Licensing Act, which is 15 TENs per year for a total of 21 days.
• Option 5: Extend the easement for a further twelve months, until 31 December 2024. This would mean that the number of TENs permitted will be 20 (from 15) and the maximum duration will be 26 days (from 21).
• Option 6: Make permanent the extension to the number of permitted TENs provided by the Business and Planning Act 2020. This would mean that the number of TENs permitted will be 20 (from 15) and the maximum duration will be 26 days (from 21). This would apply to existing and future premises licence holders.

The consultation is open until 1 May 2023.