The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

Requirement to close businesses selling alcohol for consumption on the premises E+W

14.—(1) A person responsible for carrying on a business of a public house, bar or other business involving the provision of alcohol for consumption on the premises must cease to carry on that business, unless sub-paragraph (2) applies.

(2) This sub-paragraph applies if alcohol is only served for consumption on the premises as part of a table meal, and the meal is such as might be expected to be served as breakfast, the main midday or main evening meal, or as a main course at such a meal.

(3) For the purposes of sub-paragraph (1)—

(a) alcohol provided by a hotel or other accommodation as part of room service is not to be treated as being provided for consumption on its premises;

(b) an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business), or which customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(4) For the purposes of this paragraph, a “table meal” is a meal eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purposes of a table.

(5) Sub-paragraph (1) does not apply—

(a) where alcohol is being provided to a customer at a cinema, theatre, concert hall or sportsground, and

(b) the alcohol is ordered by, and served to, a customer who has a ticket for an exhibition of a film, a performance or an event of training or competition at the venue, to consume in the area where the audience is seated to watch the exhibition, performance or event.

(6) The condition in sub-paragraph (5)(b) is not satisfied where a customer has a seat in a catered corporate box.

(7) Sub-paragraph (1) does not prevent the use of any premises for the purposes of voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(a) in accordance with provision made by or under an Act, or

(b) in accordance with the laws or regulations of another country or territory, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom.

(8) Sub-paragraph (1) does not prevent the use of premises to provide essential voluntary services or urgent public support services, including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency.

(9) Sub-paragraph (1) does not prevent the use of premises for the making of a film, television programme, audio programme or audio-visual advertisement

(10) For the purposes of sections 172F to 172J M1 of the Licensing Act 2003, where a restricted business or restricted service is carried on from, or provided at, licenced premises, the premises are to be treated as open for the purposes of selling alcohol at any time when the premises licence for those premises would, but for sub-paragraph (1), authorise the sale by retail of alcohol for consumption on the premises.

Commencement Information

I1 Sch. 2 para. 14 in force at 2.12.2020, see reg. 1(2)

Marginal Citations

M1 Sections 172F to 172J were inserted by the Business and Planning Act 2020 (c. 16), section 11(2).