supporting the business interests of the
self-employed licensees in the licensed trade
BY BECOMING A MEMBER OR REJOINING THE FLVA YOU ARE CONSENTING TO THE ASSOCIATION RETAINING YOUR CONTACT DETAILS. WE DO NOT PASS THIS INFORMATION TO ANY THIRD PARTIES.
(historic news items shown in members area)
PUB COMPANY LEASE RENEWALS
If you have a pub company lease which is approaching expiry or renewal in the next year please contact us for advice and assistance. For further detail see our members area under Pub Company Lease Renewals. See also MRO & Tied Rent Reviews & Renewals
RENT REVIEWS AND THE MARKET RENT ONLY (MRO) PROCESS
Now that the majority of Pub Co personnel have returned to normal duties the previously delayed rent reviews and agreement renewals are being processed.
Please be aware we can assist with your negotiations in this respect.
Any potential MRO CLAIMS are subject to strict and legislative time constraints so please make contact as soon as possible should you wish to avail yourself of our services.
PLAN “B” AND ASSOCIATED RESTRICTIONS
The Government announced yesterday new regulations (Plan B) in respect of public gatherings, both indoors and outdoors and the requirement for testing and the wearing of face masks
For the full details please follow the links below
PM opening statement at COVID-19 press conference: 8 December 2021 - GOV.UK (www.gov.uk)
Prime Minister confirms move to Plan B in England - GOV.UK (www.gov.uk)
Face coverings: when to wear one, exemptions, and how to make one - GOV.UK (www.gov.uk)
INCREASE IN VAT RATE IN HOSPITALITY SECTION FROM 1ST OCTOBER 2021
The reduced rate of 5% was initially introduced and was subsequently extended to 31 March 2021.
The government announced at Budget 2021 that the temporary reduced rate will be extended for a further six-month period at 5% until 30 September 2021.
A new reduced rate of 12.5% will then be introduced which will end on 31 March 2022. The scope of the relief will remain unchanged and the supplies which attract the reduced rate is detailed below.
- Hospitality: supplies in the course of catering including supplies of hot and cold food and drink to be consumed on the premises and supplies of hot takeaway food and drink to be consumed off the premises.
- Accommodation: the provision of hotel and holiday accommodation, pitch fees for caravan parks and tents and related facilities.
WHAT TO EXPECT IF YOU’RE THINKING ABOUT TAKING ON A PUB.
The Pubs Code Adjudicator has released fact sheets about the information that a Pub Company should provide you with when you are considering taking on an agreement in one of their properties.
Follow the links below and for further advice and assistance please contact us when we will be only to pleased to help you further.
CLAIM BACK COVID RELATED STATUTORY SICK PAY (SSP)
You may be able to claim back any SSP which you have paid to your employees if they have been off work as a consequence of COVID 19.
For full details follow the link below.
CHANGES TO INSOLVENCY RULES AND COMMERCIAL EVICTIONS
The current rules in respect of the above come to an end on the 1st October 2021. New legislation will come into force to regulate landlords actions to evict tenants for commercial rent debt on the introduction of a government rent arbitration scheme which will be in place by 31st March 2022.
For further details please follow the link below.
End of temporary insolvency measures - GOV.UK (www.gov.uk)
NEW RULES FOR SELF ISOLATION FOR DOUBLE VAX CONTACTS
From Monday 16 August, people who are double jabbed or aged under 18 will no longer be legally required to self-isolate if they are identified as a close contact of a positive COVID-19 case.
For further details please follow the link below.
Self-isolation removed for double jabbed close contacts from 16 August - GOV.UK (www.gov.uk)
GOVERNMENT POLICY ON COVID RELATED COMMERCIAL RENT DEBT
The government has outlined its current thoughts in regard to the above and how landlords and tenants may resolve any issues due to non payment of rent as a consequence of the COVID pandemic.
For further detail please follow the link below
Resolving commercial rent arrears accumulated due to COVID-19 - GOV.UK (www.gov.uk)
CHANGE TO FURLOUGH WAGES GOVERNMENT CONTRIBUTION
The government has previously extended the above scheme to the 30th September, but as of the 1st July 2021 their contribution towards furlough pay is reducing to 70% with further reductions in the pipeline for August and September.
For full details follow the link below
Changes to the Coronavirus Job Retention Scheme from July 2021 - GOV.UK (www.gov.uk)
SELF EMPLOYMENT INCOME SUPPORT GRANT.
The 5th Grant of the above scheme to cover the period of May 21 to September 20021 has been announced and will be open to claims from late July. Guidance will be published by the end of June 2021.
For further details lease follow the link below
Self-Employment Income Support Scheme fifth grant - GOV.UK (www.gov.uk)
FURLOUGHED EMPLOYESS INFORMATION TEMPLATE
If you are claiming for between 16 & 99 employees on furlough after the 27th May, a Govt template must be completed giving details of employees NI/Payroll/Dates of Furlough and hours, along with other information.
For full detail please follow the link below
Claim for wages through the Coronavirus Job Retention Scheme - GOV.UK (www.gov.uk)
WHAT YOU CAN AND CANT DO FROM THE 17TH MAY
For a comprehensive breakdown of restrictions and permissions from the 17th May including detail on weddings, funerals, indoor and outdoor meetings please go to the link below
(COVID-19) Coronavirus restrictions: what you can and cannot do - GOV.UK (www.gov.uk)
**SCHEME NOW LIVE DEFERRED VAT PAYMENTS DUE SCHEME NOW LIVE**
You can join the scheme from the 23rd February until the 21st June 2021.
If you deferred VAT between 20 March and 30 June 2020 and still have payments to make, you can pay the deferred VAT in full on or before 31 March 2021 or you can opt into a new deferred VAT payment scheme which is to be launched shortly.
You must opt in yourself, YOUR AGENT CANNOT OPT IN ON YOUR BEHALF, when the scheme is launched you can opt to pay the deferred sum in up to 11 equal instalments.
For full details follow the link below.
Pay VAT deferred due to coronavirus (COVID-19) - GOV.UK (www.gov.uk)
FINANCIAL SUPPORT AVAILABILITY (Inc Restart Grant)
Follow the links below for a summary of all grants and loans currently available.
It includes the new restart grant which is available from the 1st April but which can be applied for now. This provides for grants of up to £18k dependent on your rateable value. A separate link specifically relating to the restart grant is also shown below
Financial support for businesses during coronavirus (COVID-19) - GOV.UK (www.gov.uk)
RECOVERY LOAN SCHEME
A new Government loan recovery scheme for loans from £25k upto £10m starts on the 6th April 2021 and is available until the 31st December 2021. The scheme requires no personal guarantees upto loan amounts of £250k.
For full details follow the link below
Recovery Loan Scheme - GOV.UK (www.gov.uk)
SELF EMPLOYED INCOME SUPPORT SCHEME (4TH GRANT)
Based on 2019/2020 tax returns, submitted by the 2/3/21. This online service will be available from late April until the 31st May 2021. It can provide a grant of 80% of 3 months average profits (capped at £7.5k. More advice is to follow, for further details follow the link below.
Self-Employment Income Support Scheme fourth grant - GOV.UK (www.gov.uk)
REDUCED VAT RATE, EXTENSION AND REVISED RATES
The current 5% rate on food and non alcoholic drinks has been extended until the 30th September 2021. This is to be followed by a further scheme at a revised rate of 12.5% from the 1st October 2021 until the 31st march 2022.
Full details on the link below
VAT: reduced rate for hospitality, holiday accommodation and attractions - GOV.UK (www.gov.uk)
WORKING TAX CREDITS and CHILD TAX CREDITS
If on the 2nd March 2021 you received either or both of the above you may be eligible for a one off £500 payment on the 23rd April 2021.
For further details follow the link below
New one-off £500 payment for working households receiving tax credits - GOV.UK (www.gov.uk)
JOB RETENTION SCHEME AMMENDMENTS and CLAIM DATES
The current job retention scheme has been extended through till the 30th September 2021. Current levels of Government contributions remain in place upto the 1st July 2021 when a sliding scale of employers contributions come into play.
For full details of timings and contribution levels please follow the link below.
Changes to the Coronavirus Job Retention Scheme from July 2021 - GOV.UK (www.gov.uk)
For deadline dates to make claims under the scheme please follow the link below
Coronavirus Job Retention Scheme: key dates (publishing.service.gov.uk)
CLOSED BUSINESS LOCKDOWN PAYMENT (CBLP)
For business’s which had to close under the lockdown rules the above scheme provides grants of up to £9k depending on your rateable value.
Be aware CLAIMS MUST BE MADE VIA YOUR LOCAL AUTHORITY BY THE 31ST MARCH 2021. For the scale of grants, further links and detail please follow the link below.
FREE LATERALL FLOW TESTS AVAILABLE FOR EMPLOYERS.
If you register before the 31st March 2021 you will be eligible for free workplace testing of your staff.
For further details follow the link below
Free rapid tests for all businesses for regular workplace testing - GOV.UK (www.gov.uk)
NATIONAL MINIMUM LIVING WAGE INCREASE.
The above rates alter on the 1st April 2021.
For full details of rates and age bands follow the link below.
National Minimum Wage and National Living Wage rates - GOV.UK (www.gov.uk)
LATEST ROUND OF SUPPORT GRANTS THROUGH LOCAL AUTHORITIES Inc the new CLOSED BUSINESS LOCKDOWN PAYMENT
Please follow the link below for full details surrounding the next 2 phases of the Local Restrictions Support Grant (LRSG) for the period 5th January 2021 to 15th February 2021, and the 16th February 2021 to 31st March 2021. Historic schemes also detailed if you haven’t already made a claim.
Full details of the new Closed Business Lockdown Payment (CBLP) are also shown.
**POLICY CHECKER BUSINESS INTERUPTION INSURANCE CLAIMS **POLICY CHECKER
The FCA has added a policy checker on its web site to assist in checking if your policy is likely to be covered for a business interruption claim. Please go to the link below to access and complete.
General FAQs for policyholders with business interruption insurance | FCA
Business interruption insurance – policy checker | FCA
As you will be aware from previous updates the test case has been heard and judgement was given. An appeal was lodged by the insurers and the supreme court have announced that their judgement is to be given at 09.45 this Friday the 15th January.
In short the FCA made the following statement
“There were 21 sample wordings considered, but the FCA estimates that, in addition to these particular wordings, some 700 types of policies across 60 different insurers and 370,000 policyholders could potentially be affected by the test case.
For further details please follow this link Business interruption insurance | FCA
As previuosly advised please ensure you make a claim in order that the particular insurers wording and any refusal can be contested if required.
We have made contact with a firm of solicitors who will undertake a no win no fee challenge if required.
COMPREHENSIVE ROUND UP OF GRANTS/LOANS & PAYMENTS CURRENTLY AVAILABLE
The link below gives details of all the economic support currently available, with embedded links to the various Government schemes. Have a look to ensure you are receiving all the support that is available to you should you wish to avail yourself of it.
Summary of existing economic support - GOV.UK (www.gov.uk)
SUPPORT GRANTS BASED ON RV DURING LOCKDOWN.
Please follow the link below for details in respect of 1 off grants available during lockdown restrictions based on your rateable value
£4.6 billion in new lockdown grants to support businesses and protect jobs - GOV.UK (www.gov.uk)
CHRISTMAS AND LOCAL RESTRICTIONS SUPPORT GRANTS
Check to see if you are eligible for the above grants by visiting the links below
Check if you're eligible for the Christmas Support Payment for wet-led pubs - GOV.UK (www.gov.uk)
OPEN LETTER FROM THE PCA & PUB CO DECLARATIONS ON PRESERVED CODE RIGHTS
The pubs code adjudicator has published an open letter clarifying the preservation of the rights of tenants of regulated Pub Co’s in light of the current restrictions and the Pub Co’s have also published a declaration in respect of these right and procedures.
For full details please follow the links below
Open letter to tied tenants of the regulated pub companies - GOV.UK (www.gov.uk)
GOVERNMENT LOAN SCHEMES
If you have not already made use of the Coronavirus Bounce Back Loan & Coronavirus Business Interruption Loan Scheme they have been extended to the 31st march 2021.
For full details please visit the links below
Apply for the Coronavirus Business Interruption Loan Scheme - GOV.UK (www.gov.uk)
Apply for a coronavirus Bounce Back Loan - GOV.UK (www.gov.uk)
WET LED PUBS CHRISTMAS SUPPORT.
Dont miss out, check if you are eligible for the one off support grant for wet led pubs this Christmas. Please follow the link below for eligibility
Check if you're eligible for the Christmas Support Payment for wet-led pubs - GOV.UK (www.gov.uk)
CHECK TO ENSURE YOU ARE RECEIVING ALL THE GRANTS AND SUPPORT AVAILABLE IN YOUR TIER AREA
Please go to the financial support section of the links below to confirm if you are eligible for the grants available in your tier area.
Tier 2: High alert - GOV.UK (www.gov.uk)
Tier 3: Very High alert - GOV.UK (www.gov.uk)
VAT DEFERRAL
If you deferred earlier VAT payments please follow the link below for payment details or if you have issues with being able to pay.
Pay VAT deferred due to coronavirus (COVID-19) - GOV.UK (www.gov.uk)
* UPDATED * NEW TIER RESTRICTIONS FROM 2ND DECEMBER. * UPDATED *
The previously introduced local “tier” restrictions are to be strengthened compared to previous tiers. On Thursday 26 November the government is to announce which areas are in which tier. You will be able to use the postcode checker to find out the restrictions in your area or an area you plan to visit. The NHS COVID-19 app will be updated on 2 December.
For details of these new restrictions and local restriction tier areas please follow the links below
Local restriction tiers: what you need to know - GOV.UK (www.gov.uk)
https://www.gov.uk/guidance/full-list-of-local-restriction-tiers-by-area#tier-1-medium-alert
REDUNDANT EMPLOYEES RE -EMPLOYED AND SUBSEQUENT FURLOUGH ELIGABILITY.
If you made staff redundant on or after the 23rd September they can now re-employed and placed on Furlough. For further details follow the link below
“ROUND UP” OF GOVERNMENT SUPPORT AVAILABLE FOR SELF EMPLOYED, BUSINESS and EMPLOYEES.
There are many and various support mechanisms which have been introduced by the Government.
Please follow the link below for a comprehensive guide to the available grants and supports which are currently available.
* UPDATED * SELF EMPLOYED SUPPORT GRANT SCHEME * UPDATED *
Please follow the links below for additional information and revised dates for the above Government backed loans
EXTENSION OF BOUNCE BACK & BUSINESS INTERUPTION LOAN SCHEMES.
Please follow the links below for additional information and revised dates for the above Government backed loans
PUBS CODE ADJUDICATOR & PUB OWNING BUSINESS’S DECLARATION PRESERVING TENANTS RIGHTS.
The PCA and Pub Owning Business’s covered by the Pubs Code Regulations have made declarations regarding the protection of Tenants rights during the current national lockdown restrictions. For full details follow the link below
EXTENSION TO THE CORONA VIRUS JOB RETENTION SCHEME (FURLOUGH)
The Government has extended the above scheme which is now to run until the 31st March 2021. There are flexible hours, with 80% furlough pay (capped), until the end of January 2021 when contributions are to be reviewed. In certain circumstances employees that had been made redundant can be re-employed and furloughed. For full details follow the link below.
NATIONAL RESTRICTIONS.
The link below gives comprehensive guidance on the new National restrictions which are to come into force on the 5th November 2020
FURLOUGH SCHEME EXTENDED AND BUSINESS GRANT SUPPORT SCHEME.
The government has postponed the Job Support Scheme and extended the Job Retention Scheme for a period of 1 month and has given details of grants available to business’s forced to close dependent on rateable values.
For further details follow the link below
https://www.gov.uk/government/news/furlough-scheme-extended-and-further-economic-support-announced
SELF EMPLOYED SUPPORT GRANT SCHEME
Details of the extended scheme and the online live dates can be found by following the link below
SELF EMPLOYED INCOME SUPPORT GRANTS, NOTICE OF EXTENSION.
The government has extended the self employed grants scheme. The extension will last for six months, from November 2020 to April 2021. Grants will be paid in two lump sum instalments each covering a three-month period. For further details follow the link below:
EXTENSION OF THE 5% VAT RATE and PAYMENT INSTALLMENTS.
The current 5% VAT rate for hospitality outlets on food accommodation and soft drinks was due to expire on the 12th January 2021has been extended to 31st March 2021.
VAT deferment and payment plan options have also been announced
Please follow the link below for full details
EXTENSION TO THE SELF EMPLOYED SUPPORT GRANT SCHEME
The above scheme has been extended and amended from the closure of the current assistance in November 2020 till April 2021
For further information please follow the link below.
GRANTS FOR BUSINESS’S UNDER LOCAL LOCKDOWN RESTRICTIONS.
For details regarding the above scheme and eligibility please follow the link below.
LEGAL REQUIREMENT TO SELF ISOLATE IF COVID 19 POSITIVE OR CONTACTED BY NHS TRACK & TRACE.
From the 28th September it is now a legal requirement that you must self isolate. For full details please follow the links below
GUIDANCE FOR INDIVIDUALS WHO HAVE HAD CONTACT WITH COVID 19 INFECTIONS WHO DO NOT LIVE WITH THE INFECTED PERSON
Please follow the link below for advice regarding if, when, and for how long you must self isolate after contact with an infected individual
HOW NHS TRACK AND TRACE WORKS
Follow the link below for information on how the NHS system works
* UPDATED * UPDATED NHS QR TRACK AND TRACE REQUIREMENTS UPDATED * UPDATED *
Further to earlier links requirements have been update please follow the link below for the latest requirements and links to download the NHS QR CODE TRACKER which must be displayed in your outlet from the THURSDAY 24TH SEPTEMBER. You are recommended to utilise this single app in preference to others to avoid confusion for your customers. Customers (or lead customers) refusing to provide details via app or manual collection of data must be refused entry. Police and emergency first responders are exempt.failure to comply with these regulations will result in fines of upto £4000. Follow the link below for full details, downloadable QR codes and privacy notices.
* UPDATED * UPDATED TEST & TRACE GUIDELINES UPDATED * UPDATED *
BUSINESS EVICTIONS AND REPOSSESSIONS
The Government have extended the support in respect of business evictions until the end of this year for full details follow the link below
NEW REVISED LEGAL REQUIREMENTS TO RECORD CONTACT/CUSTOMER/STAFF DETAIL
It is now a legal requirement to collect the following data from customers visiting your establishment
- name
- contact number
- date of visit
- arrival time
- departure time, if possible
For further details please follow the link below
NHS COVID 19 QR POSTER
Follow the link below to register for your NHS QR code to assist in data collection
https://www.gov.uk/create-coronavirus-qr-poster
TEST & TRACE GUIDELINES
The link below gives an overview of the NHS Test and Trace service, including what happens if you test positive for coronavirus (COVID-19) or have had close contact with someone who has tested positive and what they, or their close contacts, should do.
https://www.gov.uk/government/publications/job-retention-bonus/job-retention-bonus
REQUIRE YOUR STAFF TO TAKE HOLIDAY WHILST STILL FURLOUGHED
Follow the link below for details on how employers can require their staff to take holiday and still be able to claim the 80% furloughed pay under the Job Retention Scheme.
https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19
GUIDANCE FOR OPERATORS OFFERING TAKEAWAY OR DELIVERY FACILITIES.
If you are currently or are thinking about introducing Takeaway or Delivery services please go to the link below for advice and guidance
BEWARE OF SCAMS
Please be very aware of scams that purport to be from HMRC. Do not give out private details, answer texts or download any attachments. If you believe you have been sent a scam you can forward emails to phishing@hmrc.gov.uk and texts to 60599.
YOU MUST CHECK WITH YOUR PUB COMPANY FOR INDIVIDUAL POLICIES REGARDING RETURN OR DESTRUCTION
In general and in brief you must have authority from the Supplier, Pub Co/Brewer/Wholesaler, who in turn must have the authority of their supplier. Documentation must be completed for each container destroyed recording specific details, volumes, ABV etc. The local water authority must also be consulted. Credit for the duty element will be given to the supplier who in turn will credit yourself.
Check fully with your regional manager for specific instructions as uplifts may be the preferred route for some suppliers
For full details go to link https://beerandpub.com/briefings/best-practice-for-destruction-of-beer-in-cellars/ and download the document. All instructions must be followed in order for duty to be reclaimed.
PUB CODE ADJUDICATOR STAY PROCEDURE
The Pubs Code Adjudicator has introduced a “stay” procedure which gives more time to negotiate new agreements after the initial MRO request and the subsequent “full response” from the Pub Operating Business’s. This can be of great benefit and save on your costs.
PUB CODE ADJUDICATOR ARBITRATION AWARDS, PUBLICATION AND EFFECT
There have been several arbitrations published by the Pubs Code Adjudicator which may have a beneficial effect on your ability to take up the opportunity to move to a Market Rent Only option. We can assist you in the explanation of these awards and the service of the relevant notices, should you wish to have a look at this opportunity.
NEW VOLUNTARY CODES FOR PUB OPERATING COMPANIES WHO OPERATE LESS THAN 500 TIED HOUSES
A separate voluntary code has also been introduced as of today to encompass Pub operating business’s operating less than 500 tied outlets and for those operating outlets in Scotland these can be found at the links below and in our members area.
Leased Codes of Practice
Tenants Codes of Practice
Scotland Codes of Practice
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