Legal Q&A: Selling alcohol online and late night barbecues

Selling alcohol online

Q: We are thinking of starting an online arm of our microbrewery, selling direct to the public over the Internet. We already have a premises licence for our brewery shop, but I wonder what type of licence we need to sell online?​

A: There is no separate type of alcohol licence for selling over the internet or indeed by telephone. A premises licence is what you need and depending on where the alcohol is specifically selected following an order, your existing premises licence may in fact suffice.

Remember, it is where the sale of alcohol takes place that needs to be authorised, and in the case of telephone or internet sales that sale does not take place at the call centre or in cyberspace, but in the warehouse or store where the alcohol is processed following the order. You will also need “off” sales authorised as clearly the sale is taking place for consumption off the premises.

I would suggest starting by having a look at your premises licence — does it authorise “off” sales? Are the times that your staff will select the alcohol following an order covered by the existing hours on the licence (remember, you may take an order but only pick the alcohol a couple of hours later)?

And are there other conditions on your licence?

Statutory guidance states you should contact your licensing authority to ask whether a variation to your licence is required — this is not required, but is advisable. Bear in mind you must have an age verification policy in respect of internet sales, and home deliveries.

There are two elements to this requirement — firstly age verification to protect you from selling alcohol to someone underage at the point of order/selection; and secondly to comply with the mandatory condition that relates to when the alcohol is ‘served’ — in this case, at the doorstep.

The guidance suggests your couriers are instructed to ensure age verification has taken place and photo ID has been checked if the person appears to be under 18. It may be advisable in your terms to incorporate a requirement that proof of age will be required at delivery.

Late-night barbecues

Q: I have been doing hog roasts and late-night barbecues in my beer garden, but the licensing officer has told me to stop until I have applied to vary my licence. I am already permitted late-night refreshment so I do not understand why?​

A: I do not know the detail but I suspect it is because your authorisation for late-night refreshment after 11pm is restricted to the pub building and not outside.

You need to be authorised where the hot food is provided, not necessarily where it is cooked. Subject to any noise issues, you may be able to do this with a minor variation.