Buying a business: Off-licences
Mar 26, · To apply for a licence, you will need to complete an application form and send it to your local council, along with the fee. You may also need to . The legislation will apply up to three temporary variations to licences with an existing permission for off-sales. The licence is varied to allow off-sales until 11pm, or until the current on.
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For general enquires on personal - licences you should contact your Local Licensing Authority. Ensure you have read the guidance, noted the checklist and signed the declaration. You may want to. Aug 30, · The leisure industry will always have a good market in the UK, and business for off-licences has been steady progressing for some time according to Lakey and Co's Rhodes. “Due to people going abroad on booze cruises, government duty on alcohol steadily increasing and the development of the internet and online sales taking a slice of the. Get your first provisional driving licence for a moped, motorbike and car from DVLA online. To apply you must: be at least 15 years and 9 months old. be able to read a number plate from 20 metres.
This guidance relates to the alcohol licensing provisions in the Business and Planning Act only. Businesses such as pubs, bars and restaurants have been hit hard by Covid Many have been closed for an extended period and as they re-open, social distancing guidance will significantly affect their capacity to accommodate customers.
This measure forms part of a package designed to make it easier for businesses to make use of outdoor space for dining and the sale of alcohol, helping the hospitality sector get back on its feet again through the busy summer months.
The provisions in the Act temporarily modify the Licensing Act to provide an automatic extension to the terms of most premises licences which only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises. This will make it easier for licensed premises to sell alcohol to customers for consumption off the premises in England and Wales, which will allow businesses to trade and maintain social distancing.
The new off-sales permission will permit off-sales to be made at a time when the 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.
Measures also temporarily suspend existing licence conditions in so far as they are inconsistent with the new off-sales permission. Conditions on existing dual premises licences permitting both on-sales and off-sales that would prevent one or more of the following are also suspended under the temporary off-sales permission:.
The new off-sales permission is authorised under section F 2 of the Licensing Act in respect of on-sales licences and section F 5 of the Licensing Act in respect of dual licences. There are two main types of outdoor places from which alcohol will be consumed: a an outdoor place which is covered by the premises licence for on-sales, and b an outdoor space which is not covered by the premises licence and is therefore an off-sale e.
The provisions in the Act will enable off-sales to be made into spaces not covered by the premises licence. Most will, but some will be excluded. The permission is only given to businesses with premises licences, so those organisations with club premises certificates are not covered by the provisions in the Act.
Where organisations with club premises certificates that do not permit off-sales, those organisations will need to seek permission to do so from the licensing authority. In addition, a premises licence that only permits on-sales will be excluded if, within the three years preceding on day 22 July No, the permission and any conditions attached to it are temporary.
The permission will lapse on 30 September , unless the temporary period is extended by regulations made by the Secretary of State or is otherwise suspended, removed or varied. The grant of a pavement licence only permits the placing of furniture on the highway.
Premises that wish to expand outdoors, with customers consuming alcohol on the highway will need both a premises licence to sell alcohol and a pavement licence. Alcohol licences are specifically for the sale of alcohol at the premises for consumption either on or off the premises. Because the new permission is automatic, an application for an off-sales alcohol licences does not need to be made, if the premises already has an on-sales alcohol licence and has not had a disqualifying event in the last three years.
If you are in any doubt about whether the new permission applies to your premises, you should contact your local licensing authority to check. You do not. 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.
As above, your licensing authority can also clarify whether or not you are eligible to benefit from this permission.
The licensing authority will not be able to issue a counter-notice to prevent you from making off-sales authorised under the new permission. If you are making use of the new temporary permission for off-sales, the statement must be clear that off-sales are authorised under section F 2 , subject to the requirement that the premises must be open for the sale of alcohol on the premises. If you have a dual licence and are relying on any of the temporary conditions in section F 5 , the statement must also list them.
The section F 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.
A copy of the section F statement must be prominently displayed at the premises alongside the summary of your premises licence. No, but as above you should notify your local authority if you are planning to make use of the temporary permission. Only areas where on-sales are authorised to take place are shown on the premises plan.
The provisions in the Act do not override or suspend PSPOs that ban the consumption of alcohol in public. If your premises are 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 E of the Highways Act The new off-sales permission will permit off-sales to be made at a time when the 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 outdoor area, whichever is earlier.
It may. The legislation will apply up to three temporary variations to licences with an existing permission for off-sales. The licence is 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 permission 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, then 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. You can apply to vary these temporary conditions and doing so will not affect any conditions on your existing off-sales permission that have been suspended as a result of the temporary variations.
A variation to the conditions would only be permanent if you applied to vary the off-sales permission you already hold, or you apply for a new off-sales permission. At any time. There is no need to wait until September to apply for a variation to your premises licence to permit off-sales at the end of the temporary period.
The existing summary review process allows a quick process for attaching interim conditions to a licence and a fast-track licence review when the police consider that the premises concerned is associated with serious crime or serious disorder or both. On receipt of the application and the certificate, the licensing authority must within 48 hours of the time of its receipt consider whether it is necessary to take interim steps pending determination of the review of the premises licence — the authority must in any event, within 28 days after the day of receipt of the application, undertake a review and reach a determination on that review.
Summary review guidance is available on gov. The temporary off-sales permission is a departure from standard licensing practice, in which every application for an off-sales permission would be considered by a licensing authority, the police, other responsible authorities. Since that safeguard is not present, an expedited review process capable of taking swift action to tackle problems relevant to one or more of the licensing objectives has been put in place.
The summary off-sales review is modelled on the existing summary review process, but there are some significant differences, as set out below. The ordinary review process under section 51 of the Licensing Act and summary reviews under section 53A will still be available. However, the summary off-sale review process provides an expedited process to review the new off-sales permissions on grounds relevant to one or more of the licensing objectives.
An application can be made on grounds relevant to one or more of the four licensing objectives the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm.
An existing summary review can only be applied for where a senior police officer has given a certificate that it is their opinion that the premises are associated with serious crime or serious disorder or both. No similar certificate will be required for the off-sales review process. The grounds could relate to any problem with off-sales made under the new permission, provided that they are relevant to any of the the licensing objectives.
However, if you had a pre-existing off-sales permission, the grounds must relate to changes made by the temporary conditions. So, for example, if your hours for off-sales were extended from 10 to 11 p. Within 48 hours of receiving the application for a review, disregarding non-working days. There is no need for a hearing to be convened before Councillors of the licensing committee or sub-committee to determine the initial interim steps.
It is for Members to make decisions about interim steps rather than licensing officers. In the case of a licence with no previous off-sales permission, the possible interim steps following the licensing authority receiving an application for a summary off-sales review are:. In the case of a premises licence with an existing off-sales permission, any interim steps can only modify or exclude the new, temporary conditions or add new conditions to off-sales which relate to those new temporary conditions.
Interim steps can only relate to the new temporary conditions, and not the existing off-sales permission. The summary off-sales review process is an expedited review process that applies only in relation to the new permission or conditions given under section F of the Licensing Act In the case of both interim steps and the review hearing, any measures taken must relate to the new permission or conditions granted under section F.
Pre-existing permissions and conditions are, therefore, out of scope of the summary off-sales review process, and the premises licence as a whole cannot be modified, suspended or revoked under the summary off-sales review process. If the licensing authority decides to apply interim steps, it must notify the premises licence holder of its decision and give reasons immediately.
You may submit representations objecting to any interim steps made. Should you do so, the licensing authority will be required to hold a hearing within 48 hours disregarding non-working days of receiving them to consider your representations. The hearing must take place and the review be determined within 28 days after the day of the receipt of the application by the licensing authority.
In the case of a premises licence with an existing off-sales permission, steps could only modify or exclude the new, temporary conditions or add new conditions to off-sales which relate to those new temporary conditions. The steps would only relate to the new temporary conditions, and not the existing off-sales permission. The purpose of the summary off-sales review is to provide an expedited review only in relation to the new permission or conditions given under section F of the Licensing Act Pre-existing permissions and conditions are, therefore, out of scope of the summary off-sales review process, and the premises licence as a whole cannot be modified, suspended or revoked under the off-sales review process.
The licensing authority is required to review any interim steps that have effect on the date of the review hearing and consider whether any remain appropriate and in force until the review decision comes into effect either after the 21 day appeal period if there is no appeal, until any appeal is determined, or as specified by the licensing authority. Yes, in the same way as you can appeal against any decision made at a licensing review hearing.
There is the same day limit to make your appeal to the Magistrates Court and pay the relevant fee, if you wish to appeal. It is an offence under section of the Licensing Act to sell alcohol to an individual aged under It is an offence under section of the Licensing Act to knowingly allow the sale of alcohol to an individual aged under This applies to anyone with the authority to prevent such a sale. There is a further offence under section of the Licensing Act of knowingly delivering alcohol to an individual aged under We would suggest that the most defensible approach is to verify the age of a customer at both the point of sale and at the point of delivery.
The Home Office supports the Challenge 25 scheme , which offers guidance, staff training and materials on preventing under-age sales and this will help premises licence holders to promote the licensing objective to protect children from harm. You may be held to account if that misbehaviour might reasonably have been foreseen. Examples might include:. The police have the power under section 76 of the Anti-social Behaviour, Crime and Policing Act to issue a closure notice if there are reasonable grounds that the use of a particular premises has resulted, or is likely to result in nuisance to members of the public, or that there has been, or is likely to be, disorder near the premises which is associated with the use of the premises.
It is important to manage outside queues to ensure they do not cause a risk to individuals or other businesses or create additional security risks. This can be achieved by introducing queueing systems, having staff direct customers and protecting queues from traffic by routing them behind permanent physical structures such as street furniture, bike racks, bollards or putting up barriers to encourage social distancing.
Customers who have purchased alcohol for an off-sale should be given access to toilets, if such toilets are otherwise open to the generality of on-sale customers. You should be mindful of the risk of beer glasses that are taken off the premises being broken and becoming a physical hazard.