Takeaway pints may be allowed as legislation loophole uncovered

loophole in the new lockdown legislation appears to suggest pubs, bars and restaurants may be able to serve takeaway alcohol under certain conditions – which may save millions of pints from being thrown away. 

The new lockdown rules seem to allow takeaway pints if customers order their drinks using a website, app, over the telephone, by texting or – for committed types wishing to support the Royal Mail – by post.

Legislation published this afternoon details exceptions to the guidance first published on gov.uk, which had explicitly banned takeaway alcohol. 

The new legislation refers to “restricted businesses” – which include pubs and bars – and details the conditions under which they would still be able to trade. One paragraph reads: “A person responsible for carrying on a restricted business, or providing a restricted service…may only sell… alcohol, by any method permitted [below].”

“The methods of sale permitted under this paragraph are— (a) by making deliveries in response to orders received— (i) through a website, or otherwise by on-line communication, (ii) by telephone, including orders by text message, or (iii) by post.” 

The full text can be read here, with the relevant text found on page 18 of the document, under section 17. 

The law goes on to detail that customers may not enter the premises to collect their order, and that those who collect “the food in vehicle” —ie, at a drive-thru — may not exit their car. 

The i’s deputy political editor Hugo Gye was among the first to point out the ambiguity.  Gye wrote on Twitter: “Lockdown law published. I *think* there’s a loophole in the no-takeaway-pints rule: you can sell alcohol to take away if it’s preordered by phone, web or post.”

The Government has yet to confirm the loophole, though it was already being welcomed by those in the hospitality industry. 

CAMRA’s national Chairman Nik Antona said in a statement: “I am delighted that the Government has listened to the concerns of thousands of CAMRA members, concerned pub-goers, and beer lovers who have e-mailed their MPs in the last 48 hours urging the Government to allow pubs and breweries to sell alcohol as takeaway during the second lockdown. 

“This is a vital lifeline for local pubs and breweries across England over the coming four weeks, giving them a lifeline of income and allowing people to support local businesses. 

“CAMRA continues to call on the Government to bring in a comprehensive, long-term financial support package to support all pubs and breweries through the lockdown and the tough months that will follow this winter. Without a sector-specific support package, we risk seeing thousands of pubs and breweries closing their doors for good.”

If confirmed, the new rules would go some way to saving the estimated seven-and-a-half million pints that were due to be thrown away during the new four week lockdown. The news comes after Wetherspoons had announced it would sell pints of real ale for 99p this week, rather than let them go to waste.