Improvement notice issued to Cleveleys bar selling takeaway booze under Tier 3 coronavirus restrictions 'unfair,' says owner

Council chiefs have clamped down on a Cleveleys bar amid reports of customers gathering to drink nearby, in breach of Covid-19 restrictions.
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The Shipwreck Brewhouse, which can legally sell takeaway alcohol under the tier three rules, has been issued an enforcement notice by Wyre Council for "continuing non-compliance".

But Paul Samson, owner of the Victoria Road West bar, called the move "unfair" and said he was being targeted for being "successful".

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He said he had repeatedly asked drinkers to move away from the bar and made efforts to work with council officials to resolve the issue.

The Shipwreck Brewhouse in Cleveleys has been issued with a Coronavirus Improvement Notice, but its owner slammed the notice as "unfair." Photo: Daniel Martino for JPI MediaThe Shipwreck Brewhouse in Cleveleys has been issued with a Coronavirus Improvement Notice, but its owner slammed the notice as "unfair." Photo: Daniel Martino for JPI Media
The Shipwreck Brewhouse in Cleveleys has been issued with a Coronavirus Improvement Notice, but its owner slammed the notice as "unfair." Photo: Daniel Martino for JPI Media

Government guidance stipulates "food or alcohol purchased from a hospitality premises via takeaway or click-and-collect may not be consumed on any part of that premises, including beer gardens, as well as adjacent seating to the premises."

Wyre Council confirmed it had issued a coronavirus improvement notice (CIN), which carries a fine of up to £2,000 for businesses that fail to comply.

A council spokesman said: "Although The Shipwreck Brewhouse is allowed to sell takeaway drinks and alcohol in closed containers, customers are not allowed to congregate outside the business to drink or eat products purchased from that business.

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"The business has a responsibility to stop customers from doing this.

Notices are visible in the window of the Shipwreck Brewhouse, after its owner said he had done "everything he could" to disperse gatherings of customers outside his  bar. Photo: Daniel Martino for JPI Media.Notices are visible in the window of the Shipwreck Brewhouse, after its owner said he had done "everything he could" to disperse gatherings of customers outside his  bar. Photo: Daniel Martino for JPI Media.
Notices are visible in the window of the Shipwreck Brewhouse, after its owner said he had done "everything he could" to disperse gatherings of customers outside his bar. Photo: Daniel Martino for JPI Media.

"The point of the Tier 3 legislation is to minimise the risk of the infection spreading and does not allow the business to operate as an outside pub.

"The council and the police have initially taken an informal approach to enforcement of the regulations, but continuing non compliance have led to a more formal approach."

In correspondence seen by The Gazette, Mr Samson acknowledged there was a problem with crowds of customers before the notice was issued, and asked the council directly what he could do to help.

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He also asked Wyre Council if more Covid marshals could visit the area to help with encouraging customers to move on.

Residents have complained about customers not adhering to social distancing rules around the pergola of the Shipwreck Brewhouse and in the doorways of neighbouring shops. Photo: Daniel Martino for JPI MediaResidents have complained about customers not adhering to social distancing rules around the pergola of the Shipwreck Brewhouse and in the doorways of neighbouring shops. Photo: Daniel Martino for JPI Media
Residents have complained about customers not adhering to social distancing rules around the pergola of the Shipwreck Brewhouse and in the doorways of neighbouring shops. Photo: Daniel Martino for JPI Media

He said: "My CCTV is full of footage of me going in and out asking people to move on, and most of the time they did, but then they come back.

"I tried to work with (the council) to see if there was anything more I could do, and I asked them to bring in Covid marshals because I haven't seen a single one.

"One person complained on social media but we had an outpouring of support, and since then we had hundreds of new customers wanting to buy drinks.

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"So I made the decision to stop selling pints in plastic pots, because I knew that contributed to the problem. But they issued me with a notice anyway.

"I feel like I'm being made an example of, to be honest. Selling mulled wines in cups is no different to Costa across the road selling coffees, and people gather outside there on benches as well.

"I have signs up on the door telling people they need to take their drinks away, and I tell people they can't stand around. I've tried working with the council but it seems like we're being targeted for being more successful than other places.

"We bring a great atmosphere to Cleveleys, we get so much feedback from people who have told us we've given it a bit of a Christmas feel."

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One resident told The Gazette: "They are offering takeaway but there are up to 30 to 40 people standing directly outside on the weekends in the outside seating area, with plastic pint pots.

"It is not as bad in the week, but with Christmas coming it's going to get busier. There is no social distancing and no masks.

"They are breaking takeaway license rules, the rule of six, and mask wearing. I couldn't go to my uncle's funeral or see my family, yet people can congregate at a bar?

"This is why some people don't follow the rules."

The Wyre Council spokesman added: "We would like to remind people purchasing takeaway drinks and food from businesses that they are required to leave the area surrounding the premises and not congregate.

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"There is an increase in Covid infection rates in Wyre and we are all responsible for reducing the spread of the infection."

What is a coronavirus improvement notice?

CINs can be issued by local authorities when a business fails to fulfil a provision set out in the relevant coronavirus regulations.

Failure to comply with a CIN by the end of its operational period could lead to a fixed penalty notice of £2,000, and/or a Coronavirus Restriction Notice being issued.

If a Coronavirus Restriction Notice is imposed, failure to comply with its terms results in a further £4,000 fine.

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