Policy background Alcohol Licensing
The measures included in this Act modify provisions in the Licensing Act 2003 to provide automatic extensions to premises licences that only permit sales of alcohol for consumption on the premises ("on-sales") to allow sales of alcohol for consumption off the premises ("off-sales"). It will be a temporary measure to boost the economy, with provisions lasting until the end of September 2021.
	These measures will make it possible for licensed premises that have only an on-sales licence to sell alcohol for consumption off the premises. This will allow businesses to trade whilst keeping social distancing measures in place inside.
	The provisions remove the need for any application to be made, therefore no fee will need to be paid. This will deliver savings to businesses, as well as providing them with certainty about how they are able to trade. It will also reduce the burden on local authorities and the police, who will not need to scrutinize any applications for licence variations from the premises affected by these measures. Licensees who have had an application for an off-sales permission refused or had their off-sales permission excluded by variation or at review within the last three years, will be excluded from this licence extension. This is a safeguard to ensure that where it has recently been decided that the licensee should not have the permission, they do not receive it through this legislation.
	The hours in which off-sales of alcohol may be made under the new permission are when the licensed premises are open for on-sales, subject to two limitations. Firstly, every off-sale must be made at a pre-cut off time. The pre-cut off time is any time between when the premises first open for the purposes of selling alcohol for consumption on the premises and 11pm. If on-sales terminate earlier than 11 p.m., that earlier time will apply will also apply to off-sales. Secondly, there is also an exception where there is an outdoor area where the times in which the sale of alcohol is permitted differ from the times in which sales for consumption on the premises are permitted. In these circumstances, the new off-sales permission does not apply at the times when the premises licence does not allow sales of alcohol for consumption in the outdoor areas of the premises.
	The provisions will also apply temporary conditions to licences where there is pre-existing permission for off-sales. The conditions will set the hours of off-sales in the same manner as described in paragraph 9 above to match those for on-sales, allow off-sales of alcohol in open containers and allow deliveries of alcohol to residential or work buildings. Those conditions will suspend existing conditions that are more restrictive. So, for example, an existing condition that allowed off-sales only in closed containers would be suspended to allow sales in open containers.
	If there were problems of crime and disorder, public nuisance, public safety or the protection of children arising from how the premises operated using the new permission, any responsible authority, including the police or environmental health, could apply for a new off-sales review. The off-sales review process is modelled on the existing summary review process. In the event that an off-sales review is triggered, it will only relate to off-sales authorised by virtue of these provisions, or conditions which have effect by virtue of these provisions: it cannot be used to revoke the existing licence or modify pre-existing licence conditions.