Are you ready for the end of off sales relaxation?

In response to the Covid pandemic, the government implemented temporary modifications to the Licensing Act 2003, enabling all licensed premises to make off sales.

Although the pandemic is over, the previous government opted to leave these modifications in place to help the hospitality industry get back on its feet.

However, the new government has now announced that the automatic entitlement to an off sales permission will end on 31 March 2025. If your premises licence does not permit off sales, and you wish to continue to make off sales after 31 March 2025 then you must act quickly

National guidance advises that, where a licence holder will no longer be able to benefit from the off sales provision after 31 March 2025, that licensing authorities should treat applications to add off sales to their licence 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.

If you do need to vary your licence to ensure continuity of off sales trade then this application must be made by no later than 10 March 2025.

Beer gardens and other outside seating areas

The change will impact premises with outside seating/pavement licences and beer gardens.

If your beer garden/outside seating pavement area is not included within the 'red line' of your premises licence and you do not have an off sales provision, current guidance suggests you will need to apply to vary your licence. You can either apply to move those outside seating areas within the red line or 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 to include off sales.

What you should do

Check the approved plan attaching to your premises licence to see if the external areas are included within the red line of the licence plan. If they are, 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, then no further action is required.

If your licence does not cover the external areas and doesn’t permit off sales, you must apply for changes to your licence if you want to continue selling alcohol for consumption on the premises.

If you provide alcohol as part of a takeaway or home delivery service and your licence doesn’t permit off sales, you will need to make an application to vary your licence.

Guidance has been issued to help support businesses that want to continue operating as they have been under the relaxed off sales rules. However, time is of the essence, and you must act quickly to review your licence and request any necessary amendments.

This article was first published in Pub & Bar.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2025. Specific advice should be sought for specific cases. For more information see our terms & conditions.