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Substantial meal

January 01, 1970

A substantial meal or table meal is a legal term of art regarding the application of alcohol licensing laws in England and Wales. The purported definition of "substantial meal" generated significant press discussion during the 2020 COVID-19 pandemic in spite of the fact that the English COVID-19 regulations made no use of the expression, instead referring to "main meal" and later to "table meal".

An example of a pub meal

History edit

In Soloman v Green (1955), the High Court held that sandwiches and sausages on sticks amounted to a meal under English and Welsh law.[1] The Licensing Act 1964 defined "table service" as "a meal eaten by a person seated at a table, or at a counter or other structure that serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table".[2]

In Timmis v Millman (1965), where Millman and Yarnold had been consuming light ale and stout outside of permitted hours (but within the supper hour extension of the time), the High Court found the sandwiches the pair were eating constituted a "table meal" as they "were so substantial, and assisted by the pickles and beetroot so as to justify that it was a table meal and not a mere snack from the bar".[3][4] The Licensing Act 2003 contains a clause which permits 16- or 17-year-olds to consume beer, wine or cider with a table meal if they are accompanied by an adult.[4]

The terms "table meals", "substantial meals", "plated meals" and "substantial food" are considered analogous terms in a sample of 319 "statements of licensing policy" issued by local authorities (a document which details how they approach licensing applications in their area). Of the sampled documents, 95 made reference to one of these terms and a further 13 to alcohol being "ancillary to food" or a meal.[5]

The terms have been criticised as subjective, and their application has been seen as being affected by snobbery. Research has shown that questions of "class and calibre" form part of the interpretation and enforcement of licensing conditions.[5] For example, "high-end crisps" served in "substantial portions accompanied with various elaborate dips" were considered a substantial meal in a 2017 Westminster City Council hearing, with the council congratulating the owner on "[creating] a 'non-Walkers' crisp offer and the desire to celebrate the great British potato at its peak and most hip".[5]

COVID tier restrictions in England edit

During the October–November 2020 first COVID-19 tier regulations in England, pubs and restaurants in tier 3 areas were permitted to serve alcoholic drinks only with a "main meal". This was defined as being a meal at least equivalent to the main course of a main midday or evening meal.[6] Summarising the effect of the regulations, Health Secretary Matt Hancock told Parliament that "pubs and bars must close unless operating as restaurants".[7]

After the second lockdown, the all-tier regulations that came into force in December 2020 re-introduced a similar restriction but replaced the wording "main meal" with "table meal", that being defined as a meal at least equivalent to breakfast or the main course of a midday or evening meal.[8]

Although in neither case did the legal regulations use the term "substantial meal", the government's COVID-19 Winter Plan stated "In tier 2, pubs and bars must close unless they are serving substantial meals (like a full breakfast, main lunchtime or evening meal), along with accompanying drinks."[9] This restriction was reported to have had a significant impact on pubs that were led by alcohol sales ('wet-led' pubs).[5]

In spite of the fact that the regulations made no use of the term, the press showed substantial interest in the definition of "substantial meal". In Manchester, 22-inch slices of pizza were argued to have been substantial after police initially shut down one bar for serving them alongside alcohol.[10] Although ministers had no legal authority to define a "substantial meal", definitions offered by various politicians included one "you would expect to have as a midday meal or an evening meal", disregarding snacks such as crisps and chips; but not a Cornish pasty on its own, the PM's spokesman insisting that "bar snacks do not count".[11]

Newspapers published articles on whether a scotch egg constituted a substantial meal.[12] On 30 November 2020, the Environment and Food Secretary George Eustice stated that they "probably would count".[11][13] According to Cabinet Office Minister Michael Gove,[14][15][12][13] scotch eggs could not serve as substantial meal, but the Health Secretary Matt Hancock said: "A scotch egg that is served as a substantial meal, that is a substantial meal."[16]

In March 2021, the High Court granted judicial review of the "substantial meal" [sic] aspect of the regulations on the basis that it was arguably discriminatory towards people of non-White or BAME backgrounds who disproportionally relied on wet-led pubs and who could not afford substantial meals out. The case did not ultimately proceed to trial after the regulations were revoked.[17]

COVID restrictions in Ireland edit

In Ireland, on 29 June 2020, restaurants and cafés providing on-premises food and drink could re-open subject to social distancing measures and strict cleaning requirements. Bars and pubs offering table service only were permitted to re-open provided that customers bought a "substantial" meal costing at least €9.[18][19]

References edit

  1. ^ "Licensing update -- the future of regulation of children in bars proposed by the children's certificate in the Deregulation and Contracting Out Bill". Law Gazette. 11 May 1994. Retrieved 6 December 2020.
  2. ^ Wright, Chris (27 November 2020). "Substantial Meal and Pubs". Pubs Advisory Service. Retrieved 6 December 2020.
  3. ^ "A substantial meal? Try pickles and beetroot to stay legal". Law Gazette. 13 October 2020. Retrieved 6 December 2020.
  4. ^ a b Tolhurst, Alain (1 December 2020). "Everything You Need To Know About #ScotchEggGate And 'Substantial Meals'". Politics Home. Retrieved 6 December 2020.
  5. ^ a b c d Meers, Jed (3 December 2020). "Is a Scotch egg a meal? I investigated more than 300 council rulings to find out". The Conversation. Retrieved 6 December 2020.
  6. ^ "SI 1105". Legislation.gov.uk. 14 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020. Retrieved 15 August 2023. Schedule 1, para 16
  7. ^ Hancock, Matt (26 November 2020). "Covid-19 Update: Statement made on 26 November 2020". Hansard. UK Parliament.
  8. ^ "SI 1374". Legislation.gov.uk. 2 December 2020. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020. Retrieved 1 December 2020. Schedule 1, para 14(1)–(4)
  9. ^ "COVID-19 Winter Plan". Cabinet Office. 2 December 2020. Retrieved 6 December 2020 – via GOV.UK.
  10. ^ Wilkinson, Damon (25 October 2020). "Massive slices of pizza back on menu at NQ bar after Tier 3 rules confusion". Manchester Evening News. Retrieved 6 December 2020.
  11. ^ a b Coles, Amy (2 December 2020). "COVID-19: What is a substantial meal? No 10 overrules food minister as pubs brace for tier change". Sky News. Retrieved 6 December 2020.
  12. ^ a b Rear, Jack (1 December 2020). "Is a scotch egg really a substantial meal? The nutrition experts weigh in". Telegraph Media Group Limited.
  13. ^ a b Yorke, Harry (30 November 2020). "Scotch egg counts as 'substantial meal' in Tier 2, says minister". Telegraph Media Group Limited.
  14. ^ Ferguson, Donna (6 December 2020). "Making a meal out of it: scotch egg sales soar in tier 2". The Observer. Retrieved 6 December 2020.
  15. ^ Sheridan, Danielle (1 December 2020). "Scotch Egg row deepens after Michael Gove suggests food was merely a starter". Telegraph Media Group Limited.
  16. ^ Murphy, Joe (2 December 2020). "Third minister gives scrambled answer over scotch eggs". Evening Standard. Retrieved 7 December 2020.
  17. ^ "Substantial meal policy may have discriminated against BAME customers in pubs, High Court rules". Telegraph. 1 March 2021.
  18. ^ "At a glance: what Covid-19 roadmap looks like as restrictions eased". RTÉ News and Current Affairs. 19 June 2020. Retrieved 19 June 2020.
  19. ^ "Pubs can only reopen if a 'substantial' meal costs at least €9". RTÉ News and Current Affairs. 16 June 2020. Retrieved 29 June 2020.

January 01, 1970
substantial, meal, substantial, meal, table, meal, legal, term, regarding, application, alcohol, licensing, laws, england, wales, purported, definition, substantial, meal, generated, significant, press, discussion, during, 2020, covid, pandemic, spite, fact, t. A substantial meal or table meal is a legal term of art regarding the application of alcohol licensing laws in England and Wales The purported definition of substantial meal generated significant press discussion during the 2020 COVID 19 pandemic in spite of the fact that the English COVID 19 regulations made no use of the expression instead referring to main meal and later to table meal An example of a pub meal Contents 1 History 2 COVID tier restrictions in England 3 COVID restrictions in Ireland 4 ReferencesHistory editIn Soloman v Green 1955 the High Court held that sandwiches and sausages on sticks amounted to a meal under English and Welsh law 1 The Licensing Act 1964 defined table service as a meal eaten by a person seated at a table or at a counter or other structure that serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table 2 In Timmis v Millman 1965 where Millman and Yarnold had been consuming light ale and stout outside of permitted hours but within the supper hour extension of the time the High Court found the sandwiches the pair were eating constituted a table meal as they were so substantial and assisted by the pickles and beetroot so as to justify that it was a table meal and not a mere snack from the bar 3 4 The Licensing Act 2003 contains a clause which permits 16 or 17 year olds to consume beer wine or cider with a table meal if they are accompanied by an adult 4 The terms table meals substantial meals plated meals and substantial food are considered analogous terms in a sample of 319 statements of licensing policy issued by local authorities a document which details how they approach licensing applications in their area Of the sampled documents 95 made reference to one of these terms and a further 13 to alcohol being ancillary to food or a meal 5 The terms have been criticised as subjective and their application has been seen as being affected by snobbery Research has shown that questions of class and calibre form part of the interpretation and enforcement of licensing conditions 5 For example high end crisps served in substantial portions accompanied with various elaborate dips were considered a substantial meal in a 2017 Westminster City Council hearing with the council congratulating the owner on creating a non Walkers crisp offer and the desire to celebrate the great British potato at its peak and most hip 5 COVID tier restrictions in England editDuring the October November 2020 first COVID 19 tier regulations in England pubs and restaurants in tier 3 areas were permitted to serve alcoholic drinks only with a main meal This was defined as being a meal at least equivalent to the main course of a main midday or evening meal 6 Summarising the effect of the regulations Health Secretary Matt Hancock told Parliament that pubs and bars must close unless operating as restaurants 7 After the second lockdown the all tier regulations that came into force in December 2020 re introduced a similar restriction but replaced the wording main meal with table meal that being defined as a meal at least equivalent to breakfast or the main course of a midday or evening meal 8 Although in neither case did the legal regulations use the term substantial meal the government s COVID 19 Winter Plan stated In tier 2 pubs and bars must close unless they are serving substantial meals like a full breakfast main lunchtime or evening meal along with accompanying drinks 9 This restriction was reported to have had a significant impact on pubs that were led by alcohol sales wet led pubs 5 In spite of the fact that the regulations made no use of the term the press showed substantial interest in the definition of substantial meal In Manchester 22 inch slices of pizza were argued to have been substantial after police initially shut down one bar for serving them alongside alcohol 10 Although ministers had no legal authority to define a substantial meal definitions offered by various politicians included one you would expect to have as a midday meal or an evening meal disregarding snacks such as crisps and chips but not a Cornish pasty on its own the PM s spokesman insisting that bar snacks do not count 11 Newspapers published articles on whether a scotch egg constituted a substantial meal 12 On 30 November 2020 the Environment and Food Secretary George Eustice stated that they probably would count 11 13 According to Cabinet Office Minister Michael Gove 14 15 12 13 scotch eggs could not serve as substantial meal but the Health Secretary Matt Hancock said A scotch egg that is served as a substantial meal that is a substantial meal 16 In March 2021 the High Court granted judicial review of the substantial meal sic aspect of the regulations on the basis that it was arguably discriminatory towards people of non White or BAME backgrounds who disproportionally relied on wet led pubs and who could not afford substantial meals out The case did not ultimately proceed to trial after the regulations were revoked 17 COVID restrictions in Ireland editIn Ireland on 29 June 2020 restaurants and cafes providing on premises food and drink could re open subject to social distancing measures and strict cleaning requirements Bars and pubs offering table service only were permitted to re open provided that customers bought a substantial meal costing at least 9 18 19 References edit Licensing update the future of regulation of children in bars proposed by the children s certificate in the Deregulation and Contracting Out Bill Law Gazette 11 May 1994 Retrieved 6 December 2020 Wright Chris 27 November 2020 Substantial Meal and Pubs Pubs Advisory Service Retrieved 6 December 2020 A substantial meal Try pickles and beetroot to stay legal Law Gazette 13 October 2020 Retrieved 6 December 2020 a b Tolhurst Alain 1 December 2020 Everything You Need To Know About ScotchEggGate And Substantial Meals Politics Home Retrieved 6 December 2020 a b c d Meers Jed 3 December 2020 Is a Scotch egg a meal I investigated more than 300 council rulings to find out The Conversation Retrieved 6 December 2020 SI 1105 Legislation gov uk 14 October 2020 The Health Protection Coronavirus Local COVID 19 Alert Level Very High England Regulations 2020 Retrieved 15 August 2023 Schedule 1 para 16 Hancock Matt 26 November 2020 Covid 19 Update Statement made on 26 November 2020 Hansard UK Parliament SI 1374 Legislation gov uk 2 December 2020 The Health Protection Coronavirus Restrictions All Tiers England Regulations 2020 Retrieved 1 December 2020 Schedule 1 para 14 1 4 COVID 19 Winter Plan Cabinet Office 2 December 2020 Retrieved 6 December 2020 via GOV UK Wilkinson Damon 25 October 2020 Massive slices of pizza back on menu at NQ bar after Tier 3 rules confusion Manchester Evening News Retrieved 6 December 2020 a b Coles Amy 2 December 2020 COVID 19 What is a substantial meal No 10 overrules food minister as pubs brace for tier change Sky News Retrieved 6 December 2020 a b Rear Jack 1 December 2020 Is a scotch egg really a substantial meal The nutrition experts weigh in Telegraph Media Group Limited a b Yorke Harry 30 November 2020 Scotch egg counts as substantial meal in Tier 2 says minister Telegraph Media Group Limited Ferguson Donna 6 December 2020 Making a meal out of it scotch egg sales soar in tier 2 The Observer Retrieved 6 December 2020 Sheridan Danielle 1 December 2020 Scotch Egg row deepens after Michael Gove suggests food was merely a starter Telegraph Media Group Limited Murphy Joe 2 December 2020 Third minister gives scrambled answer over scotch eggs Evening Standard Retrieved 7 December 2020 Substantial meal policy may have discriminated against BAME customers in pubs High Court rules Telegraph 1 March 2021 At a glance what Covid 19 roadmap looks like as restrictions eased RTE News and Current Affairs 19 June 2020 Retrieved 19 June 2020 Pubs can only reopen if a substantial meal costs at least 9 RTE News and Current Affairs 16 June 2020 Retrieved 29 June 2020 Retrieved from https en wikipedia org w index php title Substantial meal amp oldid 1192334616, wikipedia, wiki, book, books, library,

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