Warwick pub owners frustrated with changes about takeaway alcohol

Pub owners in Warwick are growing concerned and frustrated about changes for what they can and cannot do when selling takeaway alcohol.

Some pub owners said they were contacted by Warwick District Council last week to say they could no longer sell takeaway alcohol without a food order.

This change has been criticised by some owners but other have said that they understand why action was taken.

Dilia Scott, owner of the Roebuck Inn in Smith Street, said: "The council decided that all pubs had to sell food so now people have to buy a meal to be sold a pint - but I've got an off-licence - it's not right.

"The water board called us because they were concerned about the amount of alcohol that could be tipped down the drains and have asked us not to put it down the drains but the breweries can't collect the barrels unless they are empty and we can't sell alcohol without doing food.

"The council is making life so much harder. They changed the conditions to the licence but never told any of us. Breweries are still charging us rent and at the same time the council is stopping us doing what we can for our lives, families and businesses.

"I got told about the change on Wednesday (June 17) and I have now got to sell food to sell alcohol.

"There was an issue recently where we opened for three days and on the first day there were complaints of 23 people in the road outside. There was also rubbish at the top but we are not responsible - we can't be responsible for every single person.

"Everyone is suffering. Only Warwick District Council is doing this. I have another pub in Henley in Arden and Stratford District Council isn't doing this."

Chris Proudfoot, owner of the Old Fourpenny pub in Crompton Street, said: "The changes were unfortunate but we all knew it was because of certain pubs not behaving properly and not policing customers properly.

"It is unfortunate that the council have taken the view that they have.

"We would have a few old boys that wanted to pick up a couple of pints of real ale and we were also supporting small breweries by stocking local beers.

"Now we have all been tarred with the same brush.

"I heard about issues where people were sitting on pavements outside pubs and congregating.

"It's unfortunate but I understand why the council had to do it.

"I didn't have an off licence so I phoned the council and explained what I was doing and asked if I could apply for one and they said 'don't worry about it' and they were quite happy to let it go on.

"Now they are saying I can only sell beer with food. I did everything by the book and went to the council and their whole attitude was 'don't worry that will be fine'.

"On June 17 they changed their minds."

Johnnie Arkwright, owner of the Hatton Arms pub, said: "It’s clearly a nonsense why London pubs can serve drink without food to customers who then drink and party on the pavements, whilst here we can only serve one drink per substantial item of food sold.

"The EHO and Licensing Authority have been extremely helpful and seem very aware of the high risk that many pubs and restaurants just won’t survive.

"But we suspect that they have come under pressure from those who can’t see the dangers to our local economy.

“Every business in the hospitality sector is on a knife edge, there will be a high percentage of failures and a big loss of jobs.

"It really is in everyone’s interest that the Local Authority pulls out all stops to help those in this sector survive and save jobs.“

A spokesperson from Warwick District Council said: "For a limited period of time the Covid-19 legislation has amended the Town and Country Planning (General Permitted Development) (England) Order 2015, which, subject to any restrictions allows restaurants, cafes and drinking establishments (pubs) to operate as a takeaway food business, and subject to having the necessary alcohol premise licence permissions, they can sell alcohol as an ancillary to any food sold.

"To benefit from this right, businesses should have notified Warwick District Council that their building/land is being used or for the provision of takeaway food and at the end of the temporary period they must revert back to their previous lawful use.

"In cases where the council has been notified of the temporary change of use and that has been accepted, if a pub then sells only alcohol then arguably they are not operating as a food takeaway.

"Since June 15 most retail shops can reopen, however pubs and restaurants must still remain closed unless offering takeaway food for collection or delivery to be consumed, reheated or cooked off the premises as described.

"We are unable to comment on how other Local Authorities have interpreted the legislation and accept there’s an element of interpretation, however there is currently no case in law to provide any further clarity.

"We consider that the intention of the revised Town and Country Planning Order was to prevent pubs from opening “via the back door” and selling alcohol to people for consumption on the street or other nearby public places which could potentially cause a public nuisance (urinating in public places, littering, drunken behaviour etc.) and to ensure that at the height of the pandemic the general public had additional access to local food deliveries.

"The council is very aware of the devastating impact of the Covid-19 on all of the pubs in our district and we have been very proactive in providing advice to businesses to allow them where possible to operate safely and within the restrictions and guidelines put in place by the government

"We anticipate that pubs may be able to open from July 4 subject to premises being safe and Covid secure, but are awaiting confirmation and guidance from central government.

"We want to reiterate that Warwick District Council has made every effort to support and advise businesses, during the pandemic on how to reopen safely. In addition we have been actively promoting businesses offering food takeaway and delivery services through the directory on our website, our social media and other platforms.

The amount of information available on legislative amendments has been produced and released by parliament and access to it has been the same whether given to a local authority, a business or a member of the public. Warwick District Council does not have any additional information from the government.

"In general, ignorance of the law is not a defence and a business should always do its best to ensure it is operating legally.

"The council has done what it can in a fast paced situation and where the legislation and central government guidance has changed, sometimes overnight we have reacted and responded accordingly.

"Where complaints from worried members of the public about premises not operating accordingly have been received the first response has been to engage with those establishments and encourage them to comply."