Off sales easement ending and update Guidance

In 2020, as a response to the pandemic the Government brought in an off sales easement for England and Wales granting off sales for many premises in certain situations. After several extensions, the easement is due to end 31 March 2025 but it was hoped that it might be made permanent in one form or other in line with a consultation that took place last year (see our previous article on the matter here and the responses to the consultation here).

The Government’s Alcohol Policy Team within the Home Office has confirmed that the off sales easement will not be extended beyond 31 March 2025 and so after that date the legal position will revert to what was in place before the pandemic occurred.

For any operator that relies on the off sales easement or wants to continue its benefits beyond the easement lapsing then they will need to vary their premises licence to do so.

The Alcohol Policy Team has stated that “To support businesses, we have amended guidance under Section 182 of the Licensing Act 2003 to advise Licensing Authorities to treat applications for amendments as a minor variation to the licence. This process is quicker and cheaper than major licence variations and does not require a local newspaper advertisement. This amendment can be found at paragraph 8.65 of the guidance and should mean that those business that are taking advantage of the easement under the BPA - and wish to continue to do so - should be able to amend their current licence to add off-sales via the minor variation process for a one-of cost of £89.”

The Guidance has been updated to that effect today and for ease of reference, the new paragraph 8.65 states:

• “For other licensable activities, licensing authorities will need to consider each application on a case-by-case basis and in light of any licence conditions put forward by the applicant. If an on-sales only licence holder wishes to add off-sales to their licence, licensing authorities may in the first instance wish to treat applications as a minor variation, in particular when the holder took advantage of the Business and Planning Act 2020 provision* and there has been no adverse impact on licensing objectives. *Section 11 (2) (2).”

As a reminder, an off sale is not just where alcohol is sold in a closed container to be taken away from the premises altogether but strictly speaking is the sale of any alcohol for it to be consumed beyond any on sales licensed area. This means that businesses that allow for alcohol to be consumed in areas not covered by their premises licence licensed areas e.g. unlicensed (i) beer gardens; (ii) pavement café areas; (iii) hotel bedrooms etc. will need to think about varying their premises licence imminently. The off sales easement also overrode certain conditions that limited off sales in certain situations – conditions that once again will be fully binding from April 2025 onwards. Operators should therefore carefully consider their licence conditions and ensure none will be problematic going forward.

As ever, please contact one of our specialist licensing solicitors if you need advice on what all of this means for your business and if you want to vary your premises licence to continue to provide off sales.