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Part 9E+WMiscellaneous and supplementary

[F1Modification of premises licences to authorise off-sales for limited periodE+W

Textual Amendments

F1Ss. 172F-172L and cross-heading inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13)) (as amended: (16.9.2021) by S.I. 2021/1049, regs. 1(2), 2(1); (29.9.2022) by S.I. 2022/978, regs. 1(2), 2(2); and (28.9.2023) by S.I. 2023/990, regs. 1(2), 2(2))

172FAuthorisation of off-sales for limited periodE+W

(1)Subsection (2) applies to a premises licence if—

(a)the licence has effect, or is capable of having effect, on the day on which this section comes into force (“day X”),

(b)immediately before day X, it is an on-sales only licence, and

(c)no disqualifying event has occurred in relation to the licence in the period of three years ending with day X.

(2)The premises licence is to be treated as if, at the beginning of day X, it is varied so that it authorises off-sales during the relevant period subject to the condition that every off-sale must be made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises.

(3)Any provisions of the premises licence on day X are suspended in so far as they are inconsistent with the authorisation granted by virtue of subsection (2) (and for so long as that authorisation has effect).

(4)Subsection (5) applies to a premises licence if—

(a)the licence has effect, or is capable of having effect, on day X,

(b)immediately before day X, it authorises the sale by retail of alcohol for consumption on the licensed premises and it also authorises off-sales, and

(c)at that time that authorisation is subject to one or more of the following—

(i)one or more conditions relating to the time when an off-sale may be made that would prevent an off-sale during the relevant period being made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises;

(ii)one or more conditions applicable to pre-cut off times that would prevent an off-sale during the relevant period where the alcohol is sold in an open container;

(iii)one or more conditions applicable to pre-cut off times that would prevent an off-sale during the relevant period where it is a sale for delivery.

(5)The premises licence is to be treated as if, at the beginning of day X, it is varied so that, in so far as and for so long as it authorises off-sales during the relevant period, it includes—

(a)where the requirement in subsection (4)(c)(i) is met, a condition that off-sales that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(i) from being made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises may be made at such a time;

(b)where the requirement in subsection (4)(c)(ii) is met, a condition that off-sales at a pre-cut off time that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(ii) from being in the form of alcohol sold in an open container may be in that form;

(c)where the requirement in subsection (4)(c)(iii) is met, a condition that off-sales at a pre-cut off time that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(iii) from being a sale for delivery may be such a sale.

(6)For so long as a condition has effect by virtue of subsection (5)(a), (b) or (c), the conditions of the licence referred to in subsection (4)(c)(i), (ii) or (iii) (as the case may be) are suspended in so far as they prevent the matters mentioned in that provision.

(7)The references in subsections (3) and (6) to an authorisation or condition having effect include the authorisation or condition as subsequently varied or modified in so far as it has effect in relation to the relevant period.

(8)For the purposes of subsection (1)(c) a disqualifying event has occurred in relation to a premises licence in the three year period mentioned in that provision if, at any time during that period—

(a)the relevant licensing authority refused to grant a premises licence in respect of the licensed premises authorising off-sales,

(b)the relevant licensing authority refused to vary the premises licence so as to authorise off-sales, or

(c)the premises licence was varied or modified so as to exclude off-sales from the scope of the licence.

(9)In the case of a premises licence which is capable of having effect on day X, references in this section to what the licence authorises are to be read as references to what it would authorise were it to have effect.

(10)In this section—

(a)“on-sales only licence” means a premises licence which—

(i)authorises the sale by retail of alcohol for consumption on the licensed premises, but

(ii)does not authorise off-sales;

(b)“off-sales” in relation to a premises licence means the sale by retail of alcohol for consumption off the licensed premises; and references to an off-sale are to be read accordingly;

(c)“sale for delivery” in relation to a premises licence means an off-sale for delivery by or on behalf of the holder of the licence to a building which is used for residential or work purposes (or both);

(d)“the relevant period” means the period beginning with day X and ending with—

(i)31 March 2025, or

(ii)if earlier, the revocation or expiry of the premises licence or the exclusion of off-sales from the scope of the licence.

(11)In this section “pre-cut off time”—

(a)in relation to licensed premises and a day, means any time between when the premises first open that day for the purposes of selling alcohol for consumption on the premises and 11pm (but this is subject to paragraph (b));

(b)in relation to licensed premises and a day throughout which the premises are open for the purposes of selling alcohol for consumption on the premises, means any time between when the premises are first open that day for the purposes of selling alcohol for consumption on the premises and 11pm.

(12)Where a premises licence authorises the sale by retail of alcohol for consumption in an outdoor area of the licensed premises at some, but not all, of the times when it authorises the sale by retail of alcohol for consumption elsewhere on the premises, times when the premises are not open for the purposes of selling alcohol for consumption in the outdoor area of the premises are to be regarded for the purposes of this section as times when the premises are not “open for the purposes of selling alcohol for consumption on the premises”.

Modifications etc. (not altering text)

172GSummary off-sales reviewsE+W

(1)A responsible authority may apply under this section to the relevant licensing authority for an off-sales review of a premises licence to which section 172F(2) or (5) applies on grounds which are relevant to one or more of the licensing objectives.

(2)An “off-sales review” of a premises licence is a review of the licence in so far as it relates to—

(a)in the case of a licence to which section 172F(2) applies, off-sales authorised by virtue of section 172F(2) (see subsection (5)), or

(b)in the case of a licence to which section 172F(5) applies, the section 172F(5) condition or conditions (as the case may be) (see subsection (6)).

(3)On receipt of such an application, the relevant licensing authority must—

(a)within 48 hours of the time of its receipt, consider under section 172H whether it is necessary to take interim steps pending the determination of the off-sales review, and

(b)within 28 days after the day of its receipt, review that licence in accordance with section 172I and reach a determination on that review.

(4)In computing the period of 48 hours mentioned in subsection (3)(a) time that is not part of a working day is to be disregarded.

(5)For the purposes of this section and sections 172H to 172J, “off-sales authorised by virtue of section 172F(2)”, in relation to a premises licence, means the sale by retail of alcohol for consumption off the licensed premises authorised by the authorisation granted by virtue of section 172F(2) (including that authorisation as subsequently varied or modified in so far as it has effect in relation to the relevant period).

(6)For the purposes of this section and sections 172H to 172J, “section 172F(5) condition”, in relation to a premises licence, means a condition that has effect by virtue of section 172F(5)(a), (b) or (c) in relation to the licence (including such a condition as subsequently varied or modified in so far as it has effect in relation to the relevant period).

(7)See section 172K regarding procedural requirements in relation to applications under this section, off-sales reviews and related hearings.

Modifications etc. (not altering text)

172HInterim steps pending off-sales reviewE+W

(1)This section applies to the consideration by a relevant licensing authority on an application under section 172G whether it is necessary to take interim steps pending the determination of the off-sales review.

(2)The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

(3)In the case of a premises licence to which section 172F(2) applies, the interim steps the relevant licensing authority must consider taking are—

(a)the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

(b)the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

(c)the suspension of off-sales authorised by virtue of section 172F(2).

(4)In the case of a premises licence to which section 172F(5) applies, the interim steps the relevant licensing authority must consider taking are—

(a)the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

(b)the addition of one or more new conditions which relate to a section 172F(5) condition.

(5)But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

(6)Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

(a)its decision takes effect immediately or as soon after that as the authority directs, but

(b)it must give immediate notice of its decision and of its reasons for making it to—

(i)the holder of the premises licence,

(ii)the applicant under section 172G, and

(iii)(if not the applicant), the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(7)Subject to subsection (11), if the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

(8)The relevant licensing authority must give advance notice of the hearing to—

(a)the holder of the premises licence, and

(b)the applicant under section 172G.

(9)At the hearing, the relevant licensing authority must—

(a)consider whether the interim steps are appropriate for the promotion of the licensing objectives, and

(b)determine whether to withdraw or modify the steps taken.

(10)In considering those matters the relevant licensing authority must have regard to—

(a)any representations made by any responsible authority, and

(b)any representations made by the holder of the premises licence.

(11)Where the relevant licensing authority has determined under subsection (9) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (7) if there has been a material change in circumstances since the authority made its determination.

(12)In computing the period of 48 hours mentioned in subsection (7) time that is not part of a working day is to be disregarded.

Modifications etc. (not altering text)

172IOff-sales review of premises licence following review applicationE+W

(1)This section applies to an off-sales review of a premises licence which a relevant licensing authority has to conduct on an application under section 172G.

(2)The relevant licensing authority must—

(a)hold a hearing to consider the application for the review and any relevant representations, and

(b)take such steps mentioned in subsection (3) or (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

(3)In the case of a premises licence to which section 172F(2) applies, those steps are—

(a)the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

(b)the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

(c)the suspension, for a period not exceeding three months, of off-sales authorised by virtue of section 172F(2).

(4)In the case of a premises licence to which section 172F(5) applies, the steps referred to in subsection (2)(b) are—

(a)the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

(b)the addition of one or more new conditions which relate to a section 172F(5) condition.

(5)Subsection (2)(b) is subject to sections 19 to 21 (requirement to include certain conditions in premises licences).

(6)And the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

(7)In this section “relevant representations” means representations which—

(a)are relevant to one or more of the licensing objectives, and

(b)meet the requirements of subsection (8).

(8)The requirements are—

(a)that the representations are made by the holder of the premises licence, a responsible authority or any other person within the required period,

(b)that they have not been withdrawn, and

(c)if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(9)Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(10)Where the authority takes a step within subsection (3)(a) or (b) or (4), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(11)Where a relevant licensing authority determines an off-sales review under this section it must notify the determination and its reasons for making it to—

(a)the holder of the premises licence,

(b)the applicant under section 172G,

(c)(if not the applicant), the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated), and

(d)any person who made relevant representations.

(12)A decision under this section does not have effect until—

(a)the end of the period given for appealing against the decision, or

(b)if the decision is appealed against, the time the appeal is disposed of.

(13)In subsection (8)(a), “the required period” means the period provided for in regulation 39A(2) of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) as applied with modifications by section 172K.

(14)Section 172J makes provision about the application and review of any interim steps that have been taken under section 172H in relation to a premises licence before a decision under this section comes into effect in relation to the licence.

Modifications etc. (not altering text)

172JInterim steps pending section 172I decision coming into effectE+W

(1)At the hearing to consider an application for an off-sales review under section 172G, the relevant licensing authority must review any interim steps that have been taken by it under section 172H that have effect on the date of the hearing.

(2)In conducting the review under this section, the relevant licensing authority must—

(a)consider whether the interim steps are appropriate for the promotion of the licensing objectives,

(b)consider any relevant representations, and

(c)determine whether to withdraw or modify the interim steps taken.

(3)In the case of a premises licence to which section 172F(2) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

(a)the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

(b)the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

(c)the suspension, for a period not exceeding three months, of off-sales authorised by virtue of section 172F(2).

(4)In the case of a premises licence to which section 172F(5) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

(a)the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

(b)the addition of one or more new conditions which relate to a section 172F(5) condition.

(5)But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

(6)Any interim steps taken under subsection (3) or (4) apply until—

(a)the end of the period given for appealing against a decision made under section 172I,

(b)if the decision under section 172I is appealed against, the time the appeal is disposed of, or

(c)the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).

(7)Any interim steps taken under section 172H in relation to a premises licence cease to have effect when the decision made under section 172I comes into effect.

(8)In subsection (2) “relevant representations” means representations which—

(a)are relevant to one or more of the licensing objectives, and

(b)meet the requirements of subsection (9).

(9)The requirements are—

(a)that the representations are made by the holder of the premises licence, a responsible authority or any other person within the required period,

(b)that they have not been withdrawn, and

(c)if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(10)Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(11)In subsection (9)(a), “the required period” has the same meaning as in section 172I(8)(a).

Modifications etc. (not altering text)

172KProcedural requirements in relation to off-sales reviews and hearingsE+W

(1)The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42)—

(a)apply in relation to an application for an off-sales review under section 172G as they apply in relation to an application for a review of a premises licence under section 53A,

(b)apply in relation to an off-sales review under section 172G as they apply in relation to a review of a premises licence under section 53A, and

(c)apply in relation to representations under sections 172G to 172J as they apply in relation to representations under sections 53A to 53D.

(2)In their application by virtue of subsection (1), those Regulations have effect with—

(a)the modifications specified in the Table, and

(b)any other necessary modifications.

(3)This is the Table referred to in subsection (2)(a)—

Provision of S.I. 2005/42Modifications
Regulation 2(1) (interpretation)
(a)

In the definition of “application”, as if for “or Part 4” there were substituted “, Part 4 or section 172G”.

(b)

In the definition of “representations”, as if for “or Part 8” there were substituted “, Part 8 or sections 172G to 172J”.

(c)

In the definition of “review”, as if after “8” there were inserted “or sections 172G to 172J”.

Regulation 16A (form and content of application)As if for “Schedule 8A” there were substituted “Schedule 8”.
Regulation 36A(2) (notice of the review)As if paragraph (b), and the “and” at the end of paragraph (a), were omitted.
Regulation 39A(1) (advertisement of application for review)As if paragraph (b) were omitted.
Regulation 39A(2) (period for making representations)As if for “The period prescribed for the purposes of section 53A(3)(e) of the Act” there were substituted “The period during which representations may be made by the holder of the premises licence, any responsible authority or any other person”.
Schedule 8 (prescribed form for application)

As if—

(a)

in the words before Part 1, “or club premises certificate” were omitted;

(b)

in the words before Part 1, for “51 / apply for the review of a club premises certificate under section 87” there were substituted “172G”;

(c)

in the words before Part 1, “(delete as applicable)” were omitted;

(d)

in Part 1, in the heading “or club premises” were omitted;

(e)

in Part 1, “or club holding club premises certificate” and “or club premises certificate” were omitted;

(f)

in Part 2, the text before part (C), except the heading of Part 2, were omitted;

(g)

in Part 2, for the heading of part (C) there were substituted “Details of responsible authority applicant”;

(h)

in Part 2, in the words after “when you have made them”, the first tick box option were omitted.

(4)The Licensing Act 2003 (Hearings) Regulations 2005 (S.I. 2005/44)—

(a)apply in relation to a hearing under section 172H as they apply in relation to a hearing under section 53B, and

(b)apply in relation to a hearing under section 172I as they apply in relation to a hearing under section 53C.

(5)In their application by virtue of subsection (4), those Regulations have effect with—

(a)the modifications specified in the Table, and

(b)any other necessary modifications.

(6)This is the Table referred to in subsection (5)(a)—

Provision of S.I. 2005/44Modifications
Regulation 2 (interpretation)As if paragraph (4) were omitted.
Regulation 13(c) (power to extend time)As if for the words from “section 53A” to the end there were substituted “section 172G (summary off-sales reviews) within the period specified in subsection (3)(b) of that section.”
In row 7A and column 2 of the Table in Schedule 2 (persons to whom notice of hearing is given)As if for “section 53C(7)” there were substituted “section 172I(7)”, for “chief officer of police” there were substituted “person” and for “section 53A(1)” there were substituted “section 172G”.
In row 7A and column 3 of the Table in Schedule 3 (documents to accompany notice of hearing)As if for “section 53C(7)” there were substituted “section 172I(7)”.

(7)Regulation 2(3A) of the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations (S.I. 2005/43) applies in relation to an application for an off-sales review under section 172G as it applies in relation to an application for a review under section 53A but as if for the words from “that it has been made” to the end there were substituted “the ground or grounds for the review”.

Modifications etc. (not altering text)

C4S. 172K(3): power to amend conferred (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 11(12), 25(1)

172LSections 172F to 172K: supplementaryE+W

(1)In sections 172F to 172J—

(a)“relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3;

(b)“responsible authority”, in relation to any licensed premises, has the same meaning as in Part 3;

(c)references to an authorisation granted by virtue of section 172F(2) include the condition or conditions to which that authorisation is subject.

(2)In sections 172G to 172J—

(3)For the purposes of sections 172H(3)(a), 172I(3)(a) and 172J(3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.]