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9th March, 2021 by Jamie Childs
On 5 March 2021 the Secretary of State for Housing, Communities and Local Government clarified the Government’s amendments to planning and licensing law to support the reopening of outdoor hospitality.
The Secretary of State’s 5 March letter confirms the following Government support for the reopening of outdoor hospitality (some of which was already in place following recent amendments):
At the time of writing we are waiting for the secondary legislation to give effect to the extension of the pavement licence regime. It is not yet clear whether this legislation will also provide for the temporary modification of the Licensing Act 2003 to allow for temporary off-sales of alcohol which was introduced by the Business and Planning Act 2020 at the same time as pavement licences.
In addition, those looking to take advantage of the various permitted development rights highlighted by the Secretary of State are advised to familiarise themselves with the conditions and limitations which apply to them. Care should also be taken on a case by case basis to examine existing planning permissions (and their conditions) and any planning obligations affecting premises, as well as any applicable Article 4 Directions or title or tenancy restrictions which may affect the operation of these rights.
If you wish to discuss the implications of the COVID-19 virus and the Government’s response to it for your hospitality business please contact one of our specialist Leisure & Tourism sector team.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.