Published: 10 October 2023
On 22 July 2020, to make it easier for businesses to make use of outdoor space for dining and the sale of alcohol during the pandemic, the government introduced measures under the Business & Planning Act 2020. Together with a new fast-track pavement licence regime, off sales of alcohol were also permitted for most premises previously prevented from doing so, either because their licence only permitted on-sales or they had conditions restricting off-sales. These easements have been extended until 31st March 2025.
Premises that are not authorised to sell alcohol for consumption off the premises at all (in other words “on sales only”) are authorised to provide off sales without the need to make any application to the licensing authority.
Any restrictions on the licence are suspended in so far as they are inconsistent with this authorisation for off sales. For example, if you had a condition stating “No off sales” this would not apply.
The off-sales permission permits off-sales to be made at a time when licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier.
You are required to keep a statement making clear that you are relying on the relevant Section (s.172F(2)) of the Licensing Act 2003 permitting you to provide off-sales. The statement does not have to be displayed but must be kept at the premises.
For premises are already authorised to sell alcohol for consumption both on and off the premises, any conditions on the licence that purport to limit or prevent deliveries, any time-limit on the licence for off-sales (e.g. off-sales until 9pm only) and any conditions which require off-sales to be made only in sealed containers are suspended.
The off-sales permission permits off-sales to be made at a time when licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier.
Again, you are required to keep a statement making clear that you are relying on the relevant Section (s.172F(5)) of the Licensing Act 2003, and this notice must list the types of conditions that are suspended – they will either be ‘No deliveries’ type conditions, ‘All off-sales must be in sealed containers’ type conditions or ‘off-sales must cease at x time’ conditions – practically speaking, these are the only types of conditions that are suspended by the legislation. It does not have to be displayed but must be kept at the premises.
Premises with on-sales only who wish to benefit from the additional off sales permission do not qualify if a “Disqualifying Event” occurred between 22 July 2017 and 22 July 2020 (in other words during the three years immediately preceding the original coming into effect of the provisions). This would include if the licensing authority had refused to grant a premises licence authorising off sales, or to vary a licence to include off sales, or if the licence was varied to explicitly exclude off sales.
Permissions for both premises previously only with on sales and those with existing on and off sales under this section will continue until 31st March 2025 or until the permission is revoked or excluded.
There are provisions for a so-called “Off Sales Review” which is similar (but separate to) the existing summary review procedure.
A responsible authority can apply for an Off Sales Review at short notice and the licensing authority must decide within 48 working hours (weekends are excluded) whether to take any Interim Steps against the licence. For those who have simply been granted off sales for the first time those interim steps could include excluding off sales from the licence or suspending those off sales.
For those who already have off sales but are benefiting from suspension of conditions relating to time, sealed containers or deliveries the licensing authority can amend those conditions, no doubt restricting the manner of off sales or possibly even preventing them.
An interim steps hearing can take place without the licence holder but operators do have the opportunity to request a further hearing to review those interim steps. There is also a mandatory full review hearing 28 days after the application was made by the responsible authority but again this only relates to the issue of off sales and the rest of the licence and its permissions are not open to restriction or modification.
It is also possible to appeal against the decisions both for interim steps and the final review.
Our lawyers can help advise you about the off sales easement, what conditions are suspended and how to draft your off-sales notice.
For further information about off sales – or any licensing legal issue – contact one of our specialist licensing solicitors and legal experts who will be more than happy to help.
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