Part 1: Consumption of food and drink outdoors Section 11: Modification of premises licences to authorise off-sales for limited period
Section 11 modifies the Licensing Act 2003 ("the 2003 Act"). Section 11(2) modifies the 2003 Act so that it has effect as if new sections 172F to 172L were inserted, providing for the modification of premises licences to authorise off-sales for a limited period.
	New section 172F(1) provides that the authorisation of off-sales in new section 172F(2) will apply to a premises licence if the licence has effect, or is capable of having an effect on the day in which section 172F comes into force. The authorisation will apply when the premises licence is an on-sales only licence on the day immediately before and no disqualifying event has occurred in the three years prior in relation to the licence.
	Where the authorisation provided for in section 172F(2) applies, the premises licence has effect during the relevant period as if it also authorises off-sales when the licensed premises are open for on-sales subject to two limitations. Firstly, section 172F(2) provides that every off-sale must be made at a pre-cut off time. The pre-cut off time, which is defined in new section 172F(11), provides for off-sales authorised under section 172F to end at 11pm. If on-sales terminate earlier than 11 p.m., that earlier time will also apply to off-sales. Secondly, new section 172F(12) limits off-sales authorised under section 172(F) so that they do not apply to times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises..
	New section 172F(3) provides that any conditions which are included in the premises licence on the day this section comes into force which are inconsistent with the authorisation granted by virtue of section 172F(2) are suspended for so long as that authorisation has effect.
	New section 172F(5) provides that such a licence is to be treated as varied so that it includes one or more of the conditions in section 172F(5)(a) to (c) in so far as, and for so long as, the licence authorises off-sales during the relevant period. Those conditions authorise off-sales that would otherwise have been prevented by one or more of the conditions in section 172F(4)(c)(i) to (iii). The varied conditions are also subject to the limitation in new section 172F(12) so that off-sales made under them cannot be made at times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises. New section 172F(6) provides that any condition or conditions which would have otherwise prevented such off-sales are suspended for so long as the condition or conditions applied by virtue of section 172F(5) have effect.
	New section 172F(8) provides that a disqualifying event has occurred if the relevant licensing authority refused to grant a premises licence in respect of the licensed premises authorising off-sales; the relevant licensing authority refused to vary the premises licence so as to authorise off-sales; or the premises licence was varied so as to exclude off-sales from the scope of the licence.
	New section 172F(10) sets out definitions for the purposes of that section. An "on-sales only licence" means a premises licence which authorises the sale by retail of alcohol for consumption on the licensed premises but does not authorise off-sales; off-sales in relation to a premises licence means the sale by retail of alcohol for consumption off the licensed premises; and 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). New section 172F(10) also sets out that the relevant period is the period beginning on the day section 172F comes into force, and ending with 30 September 2021, or if earlier, the revocation or expiry of the premises licence or the exclusion of off-sales from the scope of the licence.
	New section 172F(11) defines the pre-cut off time as any time between when the premises first open that day for the purposes of selling alcohol for consumption on the premises and 11pm. New section 172F(12) limits off-sales authorised under section 172F so that they do not apply to the times when the premises licence does not allow sales of alcohol for consumption in the outdoor areas of the premises.
	New section 172G provides for summary off-sales reviews to take place. Where off-sales are authorised by virtue of section 172F(2) or conditions have effect by virtue of section 172F(5) a responsible authority may apply to the relevant licensing authority for an off-sales review of a premises licence, on grounds which are relevant to one or more of the licensing objectives. An off-sales review is a review of the licence in so far as it relates to the off-sales authorised by virtue of section 172F(2) or in so far as it relates to the condition or conditions which have effect by virtue of section 172F(5). New section 172G(3) also provides that on receipt of an application for a review, the relevant licensing authority must consider whether it is necessary to take interim steps pending the determination of the off-sales review within 48 hours, and must determine the review within 28 days.
	New sections 172H to 172K make further provision in relation to off-sales reviews. Section 172H provides for interim steps pending the determination of an off-sales review; section 172I provides for the conduct of the review; section 172J provides for a review of any interim steps taken under section 172H that have effect on the date of the hearing to consider an application for an off-sale review; section 172K applies with modifications provisions of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, the Licensing Act 2003 (Hearings) Regulations 2005 and the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 2005 in relation to off-sales reviews and hearings. Section 172L makes supplementary provision in relation to sections 172F to 172K.
	Section 11(3) to (7) makes further modifications to the 2003 Act as a result of new sections 172F to 172L.
	Section 11(8) to (10) makes consequential modifications to secondary legislation as a result of the modifications to the 2003 Act.
	Section 11(11) provides the Secretary of State with a power to make regulations making transitional, transitory or saving provision in connection with the end of the relevant period.
	Section 11(12) provides the Secretary of State with a power to make regulations to amend section 172K(3) of the 2003 Act which makes modifications to the Licensing Act 2003 (Premises licences and club premises certifications) Regulations 2005, as applied by section 172K(1).
	Section 11(13) provides for the expiry of section 11(1) to (10) at the end of 30 September 2021.
	Section 11(14) provides the Secretary of State with a power make regulations to provide a later date than 30 September 2020 for the expiry of the relevant period and for the expiry of the provisions provided for in section 11(14) if the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus. Section 11(15) defines coronavirus for the purposes of this section.
	Section 11(16) to (17) provides the Secretary of State with a power to make provision by regulations modifying enactments in consequence of any provisions in section 11(1) to (10).