Information provided by VisitBritain

With the ongoing dry summer, an increasing number of Water Authorities have introduced water use restrictions, commonly known as “Hosepipe Bans” (although the restrictions can extend to other types of water use and are not just limited to the use of hosepipes).

This article explains the process for introducing water use restrictions and the implications for businesses.

Why are restrictions introduced?

The law on hosepipe bans is contained in the Flood and Water Management Act 2010. Section 36 of this Act allows Water Authorities to ban the use of hosepipes and introduce other restrictions on the use of water if there is, or it’s predicted that there will be, a serious shortage of water for distribution across a certain area. There is no definition or what constitutes “a serious shortage”, so it is up the local Water Authority to make that determination.

However, at a national level, the Environment Agency chairs the National Drought Group (NDG) which comprises the Agency, various Government departments, water companies and key representative groups such as the NFU, the CLA and Natural England. The Environment Agency has the power to declare that any of 14 areas in England have reached drought status and call a NDG meeting to share information on the situation and what needs to be done to protect water supplies.

The NDG can’t, in itself, impose restrictions on water use, but it provides water authorities with information and support they need to make decisions regarding their own restrictions.

Individual Water Authorities make decisions on the level of restrictions that they introduce based on the particular circumstances of areas where they supply water. These restrictions can differ between different Water Authorities and between different catchments under the control of a single Water Authority. Therefore, it is important to find out what restrictions apply in your area, as these may differ from surrounding areas.

Do the restrictions apply to tourism businesses?

It is important to note that Water Authorities do not have the power to impose bans on businesses. The power to do this rests with Government and, specifically, with the Environment Secretary, who can ban the use of water for any non-domestic purpose as they see fit.

At the moment, there are no bans on any form of water use for businesses. However, that said, business should, as closely as possible, try to mirror the rules on domestic water use in order to play their part in conserving water and not drawing criticism for things like watering their lawns when neighbours are banned from doing so.

One final point to be aware of is that if council tax rather than business rates is payable, you will be deemed to be a domestic property rather than a business property and, therefore, you will have to comply with any water use restrictions.