For advice and assistance complying with regulations, contact our Licensing team on 01332 226 151 or fill in the form below.
In January 2022, the Government confirmed that hospitality venues would have the permanent right (introduced during the COVID-19 pandemic) to erect moveable structures such as marquees in their outdoor spaces.
In this quick guide, our Licensing team explains the rules and restrictions for premises operators looking to make use of this new freedom.
8 June 2022
Insight
Pubs, cafes, restaurants and historic visitor attractions have the permanent right to erect moveable structures such as marquees and gazebos. Offering the ability to host guests outside but with shelter in case of bad weather, operators of licensed premises will want to utilise this new freedom, especially in the summer and during sporting events.
The law enables premises to have one moveable structure erected on their own land for an unlimited number days without the need for a planning application, helping them to better make use of their outside space all year round. This is subject to additional measures which will apply to all moveable structures to minimise impacts on surrounding communities, including:
Historic visitor attractions and hospitality businesses operating in listed buildings will be able to install one moveable structure for 120 days in a 12-month period, subject to prior approval from the local planning authority. Again, the one moveable structure will be subject to the same additional measures as above.
These regulations came into force on 2 January 2022.
In addition, the Licensing Act 2003 regime will apply to all licensed premises, and the environmental health statutory nuisance regime will apply to all premises. This provides effective mitigation and avenue of redress for local residents against harm to local amenity from noise or public nuisance. For example, local licensing authorities can attach conditions or terminal hours to outdoors use.
You are, however, reminded that if you wish to erect an outside moveable structure from which you wish to sell alcohol from, then licensing permission may be required to authorise the sale of alcohol.
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