As we all work together to recover from the COVID-19 pandemic, a number of changes have been made to the way Council Services are being delivered during this time. You can find the details on our COVID-19 webpage.
We understand that this is a difficult time for business but Glasgow City Council is committed to working with you to assist in the recovery and to return to a form of operation of your business while restrictions continue to be in place and the Scottish Government's phased approach to easing lockdown requires to be followed.
To ensure the continued safe operation of the hospitality sector in Glasgow it is essential that businesses comply with the covid legislation and hospitality sector statutory guidance.
Failure to to do so risks the reputation of the business, enforcement action and the potential for greater restrictions on the hospitality sector in the City. Most importantly though, it allows the virus to spread.
We understand that the controls required in hospitality premises have changed since the sector was first allowed to re-open in July, however, these changes have been necessary to help control the virus. The current version of the Hospitality Sector Guidance can be found here. This now includes a FAQ section which you can find here.
Our officers have been visiting businesses to assess controls and provide advice and it is clear to us that businesses want to comply. Most non-compliance can be quickly fixed and we've highlighted the key issues below as part of an eight point plan to help businesses comply.
With members of the public being asked to limit the number of premises they visit when out with other households, the plan focuses on reinforcing rules on gatherings and the national track and trace scheme, Test and Protect, but also on taking steps to ensure that both staff and customers know what is required of them. It is essential that infection control procedures, including cleaning, disinfection and hand hygiene are also in place.
Eight Point Plan
The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 identify categories of business which still require to remain closed and outline physical distancing requirements for those permitted to trade.
Officers of Environmental Health and Trading Standards are authorised under the regulations and are available to provide advice on compliance. We would, however, remind businesses that it is their responsibility to access the law and guidance. Sector specific guidance can be accessed on the Scottish Government website here.
Once you have reviewed the guidance and consider it possible to re-open your business in accordance with the Scottish Government's Route Map, it is essential that you carry out a risk assessment and put appropriate controls in place to ensure you can operate your business safely - protecting your staff and customers as well as the general public.
Guidance to assist you document your COVID-19 risk assessment and policy can be found at Guidance on operating your business safely (Environmental Health).
Officers of Environmental Health and Trading Standards may contact you to discuss your Covid-19 controls.
Officers of Environmental Health and Trading Standards are authorised under the regulations. In addition to responding to requests for advice, to ensure compliance with the regulations we are:
It is anticipated that in most cases non-compliance can be effectively addressed through engagement and cooperation with business. However, formal enforcement action will be taken where appropriate to the risk to public health or where a business refuses to comply.
If you have an existing external area and it is located on a public footpath or pedestrianised precinct and you already have a permit to operate an external area then you are allowed to include this area within your COVID-19 control plan Unless you have been contacted by us to discuss.
Note that the operation of the external area will be monitored for compliance and if found to be non-compliant with the permit conditions, licensing conditions (where appropriate) or any regulations associated with the COVID-19 legislation, we may rescind the permit and any licence revoked.
The document COVID-19 Re-opening Guidance for Pubs and Restaurants [260kb] includes information on the use of external areas which may be of assistance.
If alcohol is to be sold and consumed in the external area, see part 5 of the section 59 conditions [19kb] for information regarding licensing.
A new condition will now be attached to the permit and this relates to the width of footpath available once your external area is in position. If you cannot leave a width of 2m then it is necessary to revisit the size and location of the external area and you should get in touch via the contact form on this site.
If you do not currently have a permit to operate an external area and wish to apply you may do so on a temporary basis.
If the external area is on a footpath or pavement then you will require to apply for a Section 59 Permit.
The new streamlined process now allows for both an application for a temporary permit and for an Occasional Liquor licence in respect of an external area for existing licensed premises via the one form.
To apply for a permit and occasional liquor licence in respect of an external area then please complete our online application form.
If the external area is on any other land, you will be required to provide confirmation of the landowner's permission in writing.
You can find out more information on remote outdoor areas on our frequently asked questions page.
Please note that 'A' boards on footways present obstructions for those with mobility issues and also for the visually impaired. We would remind you that these are not permitted on footways.
If you already have a permit to operate an external area for existing licensed premises or where you have an external area on private land for existing licensed premises and the area is included within your premises licence then this will remain in place. However, the maximum capacity of customers that can be accommodated within your external area is likely to be reduced in accordance with the Scottish Government Coronavirus (COVID-19): Tourism and Hospitality Sector Guidance (to follow).
If you already have a permit to operate an external area for existing licensed premises or where you have an external area on private land for existing licensed premises and the area is usually covered by occasional licences you will automatically be granted an occasional licence without having to apply which will remain in effect for an extended period of 3 months. You will not require to pay a fee. The maximum capacity of customers that can be accommodated within your external area will be reduced in accordance with the Scottish Government Coronavirus (COVID-19): Tourism and Hospitality Sector Guidance (to follow).
If you operate existing licensed premises and wish to apply for a new external area and require both a permit and an occasional licence, a new streamlined process allows you to apply for both via the one form.
If you operate existing licensed premises and wish to apply for an occasional licence for a new external area which does not require a permit, for example on a private car park or beer garden, an occasional licence application should be emailed to firstname.lastname@example.org. You will be required to provide evidence that you have permission to use the area. A fee is not required. If granted, the occasional licence will apply for an extended period of 3 months.
An application form for an occasional licence can be found here. An occasional licence will only be granted for the sale of alcohol to be consumed within the external area, generally commencing no earlier than 11am and terminating no later than 10pm each day of the week. There may be cases where an earlier terminal hour will be applied.
The licensing conditions associate with an occasional licence may be found here.
All occasional licences for outdoor areas granted under these temporary arrangements will have effect until 30 September 2020. If, however, the operation of the external area is found to be inconsistent with one or more of the licensing objectives and the issues cannot be adequately resolved, the occasional licence may be revoked at any time by the Clerk to the Licensing Board.
To find out more about licensing and the impact of COVID-19 please check here.
"Hybrid" premises and the reopening of pubs, bars and restaurants on 15 July 2020
"Hybrid" premises in Glasgow are subject to a policy and condition that after midnight, alcohol shall only be sold ancillary to the provision of substantial forms of entertainment. Given that the Scottish Government route map indicates that indoor entertainment venues (which includes nightclubs and music venues) will not reopen before 23 July at the earliest, hybrid premises should not remain open beyond 12 midnight as they are not able to comply with the condition on their licence. This would also apply to those premises which have hours after 12 midnight for pre-booked functions.
In addition, the Licensing Board will generally not grant earlier daytime extended hours for hybrid premises.
Temporary measures to provide additional space for physical distancing in public places for people to walk, wheel or cycle while COVID-19 restrictions remain in place are being introduced across the city. These may affect the operation of your business, even temporarily. Review our plans for Spaces for People here.
We are currently receiving a high number of complaints in relation to pubs, restaurants and bars across the city selling "take away" pints and other alcoholic drinks in plastic cups directly to members of the public using the off-sales facility on their premises licence.
While the Licensing (Scotland) Act 2005 is silent in relation to the way in which alcohol is to be sold for off-sales, experience to date has established that this type of sale is clearly inconsistent with the licensing objectives of preventing crime and disorder and securing public safety in terms of the levels of street drinking and public urination which are being reported and observed as a direct consequence of such sales. The situation has now, sadly, become untenable and risks ruining the reputation of the vast majority of the city's responsible licensed trade.
We have been very supportive of efforts to keep the licensed trade in the city viable during this very challenging period. However, with the lifting of restrictions which will see the opening of external areas on 6 July and indoor areas shortly thereafter, as from Monday 6 July the sale of alcohol directly to members of the public for consumption off the premises will be considered to be inconsistent with the licensing objectives of preventing crime and disorder and securing public safety unless it is sold as part of a home delivery or sold as a pre-packaged, properly sealed product such as a bottle of wine or cans of beer.
Any premises who continue with this practice will risk having any occasional licence for an external area being revoked and/or a premises licence review being submitted to the Licensing Board.
The use of any external areas is also governed by Planning legislation. You must also take cognisance of the guidance in relation to this following Planning Measure During Business Re-Opening document [78kb].