Part 9

Miscellaneous and supplementary

Modification of premises licences to authorise off-sales for limited period

Summary off-sales reviews
172G
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.
Ss. 172F-172J modified (temp.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 2 para. 11(7) (with reg. 21) (as amended (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))
Ss. 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))
Ss. 172F-172J modified by S.I. 2020/1374, Sch. 3A para. 13(8) (as inserted (20.12.2020 at 7.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611), regs. 1(2), 2(13))