06 March 2025

BII Trustee Reports on Changes to Off Sales

BII Trustee, Piers Warne, from TLT Solicitors, has provided an update to BII members regarding the changes to off sales announced by the government.

The Government has announced that the COVID off sales relaxation, permitting all licensed premises to carry out off sales provision will come to an end on the 31 March 2025.

National Guidance advises that, where a licence holder will no longer be able to benefit from the off sales provision post 31 March 2025 that licensing authorities should treat applications to add off sales to their licence should be treated in the first instance as a minor variation. This is particularly so where the premises in question took advantage of the off sales relaxation (for example for home delivery), and there has been no adverse impact on the licensing objectives.

To ensure that you have the correct permissions in place the latest date for applying for a minor variation to your licence is the 10 March 2025.

Beer Gardens and other outside (pavement) seating areas)

This change will have impact on those premises that outside seating/pavement licences and beer gardens.

Current guidance suggests that if your beer garden/outside seating pavement area is not included within the “red line” of your premises licence and you do not currently have an off sales provision, then you will need to apply to vary your licence either;

  • To add those outside seating areas within the red line OR
  • Apply to add off sales to your premises licence

Home delivery

If your premises took advantage of the off sales relaxation to provide off sales by way of home delivery, and you wish to continue to do so post 31 March 2025,  then you will need to make an application to vary your licence so as to include off sales.

What you should do

  • Check your premises licence approved plan to see if the external areas are included within the “red line” of the licence plan If it does, and your licence already permits off sales then no further action is required
  • If the external areas are not included within the “red line”, Check your premises licence to see whether you are permitted to make off sales. If you are already permitted to make off sales, then no further action is required
  • If the external areas are not included with in the red line of licence plan, and your licence does not permit off sales and you wish to continue to sell alcohol for consumption off the premises then you will need to make an application to vary you licence
  • If you provide alcohol as part of a take away or home delivery service and your licence doesn’t permit off sales, you will need to make an application to vary your licence

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