Temporary provision for off-sales
If you want to start making off-sales, you must first notify us.
Premises licence
You will need a premises licence if you want to use your premises to:
- sell alcohol
- provide regulated entertainment
- sell hot food between 11pm and 5am (late night refreshments)
Off-sale
An off-sale is when businesses such as pubs, bars and restaurants sell alcohol for consumption off the premises. Beer gardens are only included if specified on the licence.
Extension to the terms of premises licences
The government has extended the terms of some premises licences that only permit the sale of alcohol for consumption on the premises.
The extension will allow the sale of alcohol for consumption off the premises. This is an off-sale.
This will make it easier for businesses to make use of outdoor space for dining and the sale of alcohol.
What you need to consider
If your licence does not allow off-sales, then you must only sell alcohol for consumption on the premises. This is an on-sale.
If your licence does allow off-sales, there may be some conditions. For example, you may only be able to sell alcohol in a closed container.
If your business delivers alcohol, you should check ID at the point of sale and at the point of delivery.
Business and Planning Act 2020
The temporary extension to allow off-sales will be valid without you having to apply to change your licence, if:
- your licence does not include restrictions around off-sales
- your businesses take the necessary steps
This temporary extension is valid until 30 September 2023.
Restrictions
The temporary extension won't apply to your premises if we have reviewed your licence in the last three years and have added conditions around off-sales
The cut off time for off-sales is 11pm, unless there is a closure time of an existing outside area. If that time is earlier, that cut off time will apply.
How to start making off-sales
To start making off-sales, you must:
- notify us
- prepare a Section 172F Statement. This sets out your intention that you are using the provisions of the new Act
- display a copy of the Section 172F Statement alongside the Premises Licence Summary
You do not need to wait for us to acknowledge your request, you can start making off-sales straight away.
What you can't do
Under the temporary extension, you can't:
- sell alcohol outside of the red line on the plans that go with your licence. You would need to apply to vary your existing licence
- build an extra structure to sell alcohol, either within or outside of the red line
- sell alcohol outside of the existing on-sale hours shown on your licence. This is no later than 11pm for off-sales, unless stated otherwise on your existing licence
Failing to comply
If you don't follow the guidance and that affects the licensing objectives, we can request a review of the licence.
We may put temporary measures in place or amend conditions, ahead of a full review within 28 days.
The review will only relate to issues around providing off-sales.