In addition to this we also recommend that a refusal register should be maintained by the delivery driver/courier, although this is not a strict legal requirement.
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Our view is that this has been done so boards can assess delivery procedures as opposed to any wider view that delivery cannot occur unless specified. We acknowledge that some licensing boards have, in recent times through their policy statements, sought to oblige licence holders to specify alcohol deliveries as an activity. It is our view that the delivery of alcohol is a form of remote sale permitted by off sales. You must have permission for off sales of alcohol on the premises licence for the premises from which the alcohol is being dispatched before you can deliver alcohol. There are some mixed views on the position where the premises also holds an alcohol licence and you should contact us to discuss. This captures takeaways but also retail shops like 24 hour shops and garages selling consumable goods but is not designed to capture food provision for immediate consumption on the premises eg a late opening restaurant. Q: Do I need a Late Hours Catering Licence?Ī late hours catering licence is needed where a premises sells food (and the definition of food is extremely wide) after 11pm and before 5am. We have issued a guidance note to clients advising that our view is that it is highly unlikely any sensible authority would take issue with a premises trying to provide food to vulnerable people in this time of crisis. Given the unprecedented circumstances at play here, it may that the police and licensing board take a relaxed approach to enforcing any restrictions of this nature provided that alcohol is not involved. Q: My operating plan makes no reference to home deliveries or restaurant facilities, what can I do?
If deliveries are taking place between 23 you will need to check that your premises licence permits late night refreshment (supply of hot food or drink) for consumption off the premises If the deliveries are taking place between 05 you do not require an express permission on your premises licence to enable you to make home deliveries of food. While it is helpful and good practice to expressly note home deliveries of food as an activity on the operating plan, provided that you have permission for restaurant facilities then you should be able to offer home deliveries. Q: Do home deliveries of food need to be referred to in the operating plan/premises licence? As we are helping clients all over the UK, this article will identify whether the advice refers to England & Wales, Scotland, or all.
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The fundamental requirements are discussed below but in this evolving situation feel free to contact us for bespoke advice. You will not be surprised to hear that the law was not drafted considering persons self-isolating due to an infectious disease. As always there are licensing considerations that businesses will need to have regard to prior to starting home deliveries. With the Government’s recent advice around avoiding pubs, restaurants and other licensed premises many existing businesses are investigating the possibility of launching a home delivery service.
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