Off sales: Business & Planning Act comes into force in England & Wales

This note relates to the relaxation in relation to off sales, and these changes affect licensed premises in England and Wales that hold a PREMISES LICENCE. The changes do NOT affect those premises licensed by virtue of a CLUB PREMSIES CERTFCATE.

Statutory guidance can be found here.

Off sales

The new off-sales regulations allow those premises that currently do not have an off-sales permission to make off sales at a time when the 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.

Measures also temporarily suspend existing licence conditions in so far as they are inconsistent with the new off-sales permission.

Exemptions

In addition, a premises licence that only permits on-sales will be excluded if, within the three years preceding on day 22 July 2020:

A premises licence application was made for a licensed premises and permission for off-sales was refused.
A licence variation seeking permission for off-sales was refused.
A licence variation seeking to exclude the off-sales permission was accepted, or
The premises licence was varied or modified on review to exclude off-sales.

Notification to licensing authority

You do not need the local authority’s permission to start making off sales – you can do so immediately. However, you should notify your licensing authority if you intend to start making off-sales under the new permission, so that they are aware of all the ways you are providing licensable activities

Public Notice

You do not need to alter the summary of your Licence but if you are taking advantage of the new off sales provisions you need to display a statement to this effect which should read as follows:

Off sales from these premises are authorised under section 172F(2) , subject to the requirement that the premises must be open for the sale of alcohol on the premises

The section 172F statement must be:

Kept on the premises or under the control of the holder of the licence or a person who works at the premises who has been nominated by the holder of the licence for this purpose.
Prominently displayed at the premises alongside the summary of your premises licence.

Public Space Protection Order (PSPO)

The provisions in the Act do not override or suspend PSPOs that ban the consumption of alcohol in public. If your premises are located in such an area and you would like your customers to be able to consume alcohol outside or off the premises, you will need to apply for a permission under section 115E of the Highways Act 1980.

Licences with a current off sales permission

Even if your licence currently permits off sales you MAY be able to take advantage of the new legislation

Your licence will be varied to allow off-sales until 11pm, or until the current on-sales licensing hours for that premises end, whichever is the earlier, however the premises must be open for the primary purpose of on-sales trade. New off-sales permissions will not apply to times when a premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises.
If an existing condition(s) prevents off-sales in open containers, this variation allows sales in open containers.
If an existing licence condition(s) prevents off-sales of alcohol for delivery, this variation allows deliveries, providing that they are to buildings used for residential or work purposes

If your premises wishes to take advantage of the above relaxations then you must display a statement confirming which of the above relaxations you are taking advantage of.

The statement must be

Kept on the premises or under the control of the holder of the licence or a person who works at the premises who has been nominated by the holder of the licence for this purpose.
Prominently displayed at the premises alongside the summary of your premises licence.

Time limit

The relaxations in relation to off sales will last until 30 September 2021 unless extended (or otherwise suspended, removed or varied by the Secretary of State)

Ewen Macgregor, Partner, TLT LLP

D: +44 333 006 1251 M: +44 7718 099664