Propel Legal Briefing - The end of the off-sales easement is no April Fools by Patrick Robson

First appearing for Propel Hospitality in their Legal Briefing on 13th March 2025

If there was one sliver of silver lining for the hospitality industry during the pandemic, it was the off-sales easement. Introduced under the Business and Planning Act 2020, it allowed venues with on-sales licences to sell alcohol for customers to take away without needing a separate off-sales permission. It was a straightforward measure that helped venues pivot and survive during lockdowns and restrictions.  

This temporary relaxation enabled pubs and breweries to adapt in innovative ways, such as delivering pints to customers’ doorsteps or offering beer for takeaway in containers like milk cartons. For many businesses, it was an absolute lifeline. 

Like all good things, this flexibility is, disappointingly, coming to an end. The government has confirmed that the off-sales easement will expire on 31 March 2025, meaning that from 1 April onwards (unless a premises licence specifically permits off-sales), alcohol must be consumed within the licensed areas. It would be a poor April Fools’ joke, but unfortunately, the end of the off-sales easement is happening – and could be an administrative headache for some venues if they do not plan ahead. 

Businesses that have been relying on the easement will need to check their licences carefully and, if necessary, apply for a variation to carry on operating as they have been. The good news? There’s still time to fix it. The bad news? Licensing applications take time and there are no guarantees. Here is a rundown of everything you need to know and the actions you may need to take. 

What actually counts as an off-sale?

Most businesses understand that selling a sealed bottle of wine or beer for a customer to take home is an off-sale. What is less obvious is that any alcohol consumed beyond the legally licensed area also counts. This means:

• A restaurant customer taking home an unfinished bottle of wine would be classed as an off-sale.
• A pub with a beer garden that is not covered by its premises licence could run into trouble if customers take drinks outside.
• A bar with a pavement licence on the public highway might need to check whether that outdoor area is included in the licensed premises.
• A hotel allowing guests to take drinks from the bar to their rooms may be affected if guest accommodation is not part of the licensed area. 

These practices have been fine under the easement, but from April they will no longer be lawful unless the premises licence explicitly allows them. As highlighted above, this change is particularly relevant for hybrid venues, like pubs and bars that also act as bottle shops, as they’ll need to ensure their licences cover off-sales. Restaurants or bars that allow customers to take home unfinished bottles, venues with unlicensed outdoor areas like beer gardens and hotels where guests can take drinks to their rooms could all be significantly impacted if their licences aren’t updated.

For businesses in these categories, action will be needed to avoid potential licensing breaches from April. Businesses facing the end of the off-sales easement have two main options to ensure they remain compliant. The first is to apply to add off-sales to their premises licence, allowing customers to take alcohol beyond the licensed area legally. This would cover everything from takeaway alcohol to drinks in unlicensed outdoor spaces or guest rooms. The second option is to expand the on sales licensed area itself to include currently unlicensed spaces. 

The government has updated its Section 182 Licensing Act guidance advising councils to treat off-sales amendments as minor variations rather than full variations. This is an important distinction because minor variations are significantly quicker, cheaper and easier to process. They come with a one-off fee of £89, do not require a local newspaper advertisement and are determined more swiftly than full variations. However, it’s worth noting that licensing authorities still have discretion over whether an application qualifies for a minor variation. While some councils may follow the guidance and process applications quickly, others may insist on a full variation, which is more expensive, takes longer and requires more paperwork. It is a bit of a postcode lottery for what kind of experience you will receive during this process. 

Even if you already have off-sales, you still need to check your licence

Businesses with both on and off-sales may assume they are unaffected, but that is not necessarily the case. Some premises licences contain conditions that could cause issues once the easement ends. 

One example is conditions stating that “open containers of alcohol cannot be removed from the premises”. While this condition is likely intended to prevent customers from walking down the street with drinks, it could also mean that customers cannot legally take drinks into a beer garden, pavement seating area or hotel room – if they are not taken to be part of the premises on the approved premises licence layout plan.  

While the easement has previously overridden these conditions, they will soon be enforceable again. So even if you think you’re covered, it’s worth double-checking to avoid any nasty surprises. 

What should operators do next?

With the deadline getting closer, it’s best to sort this out sooner rather than later. Here’s what you should do:

1. Review your premises licence – look at your licensing plans and conditions to see if off-sales are permitted and whether all your drinking areas are covered.
2. Identify any unlicensed spaces – if customers take drinks into a beer garden, pavement seating or guest rooms, check whether those areas are actually licensed.
3. Speak to your licensing authority – ask if it will accept a minor variation for off-sales or if it’ll insist on a full variation.
4. Apply as soon as possible – licensing applications aren’t processed overnight, and waiting too long could mean you’re left without off-sales for a while. 

Why is it important to act now?

Once the easement ends, any business that carries on allowing off-sales without the correct permissions will be in breach of its licence. That could mean enforcement action, penalties or even a licence review. More immediately, it could cause a lot of inconvenience. No one wants to be in a position where they have to tell regulars that they suddenly can’t take their drinks outside (certainly not on a sunny day) or take a bottle home. 

Acting now avoids the panic later. Licensing applications take time, and getting ahead of the queue now could save a lot of hassle come April. This change doesn’t have to be disruptive if you plan ahead. Checking licences, identifying potential issues and applying for any necessary variations now will mean you can carry on without interruption. Waiting until the last minute could mean delays, extra costs and temporary restrictions on how you trade. 

If you’re unsure what steps to take, speaking to a licensing specialist is a smart move. A bit of paperwork now could save you a major headache next year. If your business relies on off-sales, make sure you’re covered, because after 31 March, we lose this useful bit of legislation that has been so helpful during trying times.