After being introduced in 2020, the easement is due to expire at the end of next month (March).
The provisions in the act modified the Licensing Act 2003 to provide an automatic extension to the terms of most premises licences, which only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises.
According to Gov.uk, the permission and any conditions attached to it are temporary unless the period is extended by regulations made by the secretary of state or is otherwise suspended, removed or varied.
Expert insight
Licensing solicitor Elizabeth Varley of Poppleston Allen said the Business Planning Act which, among other measures, permitted off-sales of alcohol in most premises previously unable to do so, either because their premises licence only permitted on-sales, or it had conditions prohibiting deliveries, or that takeaways had to be in sealed containers only (effectively preventing use of outside areas for consumption of alcohol).
The purpose was to allow premises to use their outside space or make deliveries of alcohol during the pandemic.
The easement, which applies up to 11pm and allows off-sales without needing to make an application to the licensing authority, is due to expire on 31 March 2025.
While the Government has consulted on alternative proposals there is currently no sign of any of these proposals being put in place.
At present, for those on-sales only premises wishing to continue to provide off-sales, or those with delivery or sealed container conditions they want to continue to disapply, a variation application will be required.
Quick action
Enquiries will need to be made to the local licensing authority as to whether a minor or full variation will be required to make the necessary variation.
For those authorities requiring a full variation, it is important to act quickly due to the 28-day statutory consultation period to ensure your licence is varied prior to 31 March 2025.
It is possible the Government will enact similar measures to extend or replace the easement prior to the 31 March 2025, but at this stage it is not clear whether this will happen so operators should consider whether to take action now.
Those who hold premises licences which permit off-sales without conditions have not needed to rely on this easement and will be unaffected by its expiry.
