In this section
Temporary off-sales permission
The Business and Planning Act 2020, which received Royal Assent on 22 July 2020, has amended the Licensing Act 2003 so that premises which were licensed for the sale of alcohol for consumption on the premises only (on-sales), or which were licensed for the sale of alcohol for consumption both on and off the premises (on- and off-sales), before the Act come into force can automatically sell alcohol for consumption off of the premises. The legislation also suspends certain conditions that may be in place on licences which restrict the ability of premises to sell alcohol.
These measures are only temporary, and will only last until 31 March 2025.
Read the full Government guidance.
Not all premises will be able to benefit from these changes. Only premises licensed under a premises licence either for on-sales of alcohol or both on- and off-sales of alcohol before 22 July 2020 are affected. The following premises are not affected:
- premises licensed after 22 July 2020
- premises licensed for off-sales only, such as shops and supermarkets
- private members' clubs who hold a club premises certificate
Any premises who within 3 years prior to 22 July 2020 has had an application for off-sales refused (either as a result of an application for a new licence, or a variation to an existing licence), has varied their licence to remove off-sales, or had off-sales removed through a licence review also cannot benefit from the changes to the law.
If you are not sure if your premises qualifies or not, please contact the licensing team by calling us on 01923 278476 or using our contact form.
If your premises does not automatically benefit, and you want to add off-sales of alcohol to your licence, then you will need to apply to vary your existing licence or club premises certificate, or obtain temporary permission for off-sales through temporary event notices. The council advise that adding the licensable activity of the sale of alcohol for consumption off the premises is not suitable for a minor variation, and so a full licence variation or an application for a new licence will be required.
Temporary off-sales permission
The temporary off-sales permission only applies when you are licensed for on-sales, but off-sales cannot be permitted beyond 11pm. For example. if you are licensed for on-sales until 10pm, you will be authorised for off-sales until 10pm as well. If you are licensed for on-sales until Midnight, you will be authorised for off-sales until 11pm only.
If you are already licensed for off-sales under your licence until 11pm or later, you will see no changes to your licence.
The Government advise that if you want to start using this permission then you must notify the council as your licensing authority. Please notify us in writing by email to licensing@watford.gov.uk. We will want to know the name of the premises, when you wish to start selling alcohol as off-sales, and any measures that you intend to implement to prevent the activity from causing a nuisance. We can only refuse your request if you meet one or more of the disqualifying criteria as listed above .
If you are using your temporary off-sales permission then must display a notice on your premises which confirms this. This could be displayed behind the bar alongside your premises licence summary. This notice must be produced upon request to an authorised officer of the council or a Police officer. Failure to do so is an offence.
You must ensure that you have checks in place to ensure that alcohol is not sold to children, especially since this may be the first time that your business is selling alcohol as off-sales. Premises are encouraged to read the Government guidance for advice with regards to the delivery of alcohol and how to ensure that alcohol is not sold to children, and please visit the Business Companion website as well for information on selling alcohol remotely.
Licence conditions
As a result of these changes to licensing legislation, certain licence conditions may be suspended, and therefore not enforceable, during this time.
If your licence permits you to offer on- and off-sales, but for different hours, then the licence is varied to allow off-sales until 11pm, or until the on-sales licensing hours for that premises end; whichever is the earlier. However, the premises must be primarily open for the purpose of selling alcohol for consumption on the premises.
If you have an outside area which customers can use, for example an area licensed by a pavement licence or a purpose built beer garden, and there are conditions on your licence which restrict the use of this outside area, then these conditions are not affected and remain in force.
Any existing licence conditions which prevent off-sales in open containers, or prevent off-sales for delivery, will be suspended so that you can provide this activity. However, deliveries of alcohol are only allowed where they are to buildings used for residential or work purposes. It is not acceptable to deliver alcohol to a person standing in the street.
It must be noted that only conditions which prevent off-sales in open containers or which prevent the delivery of alcohol are suspended, not all conditions. Should you have any queries about whether a condition is suspended or not, you are encouraged to seek independent legal advice, or alternatively you can contact the licensing team by calling us on 01923 278476 or by email to licensing@watford.gov.uk.
Premises are encouraged to read the full Government guidance for advice with regards to open containers which the council encourages any premises to consider.
Enforcement
Premises should be aware that should any complaints be received relating to off-sales of alcohol made under this change to the law, it is possible to make an application to review the licence in order to remove this automatic right. A review may also reinstate any suspended conditions so that controls are put back in place. Should any complaints be received then you will be notified.
If you wish to complain about a licensed premises please submit your complaint via our online contact form.
