A temporary arrangement
What happens to your business if your licensed premises becomes unavailable? Alcohol licensing lawyer Pervinder Kaur explains how to keep the lights on and the till ringing…
What would you do if your existing licensed premises needed to undergo repairs, alterations, rebuilding or was affected suddenly by some unforeseen event? Have you ever thought about how you would keep your business operating?
Here, we look at the option available under the Sale and Supply of Alcohol Act 2012, which allows the licensing committees to authorise licences, provided certain legislative criteria is met, for alternative premises where an existing premises is unfit for the sale of alcohol.
The sale and supply of alcohol to the public requires the seller to have a licence. There are four kinds of licence:
On-licence (for example, pub, tavern, restaurant, hotel, café, bar) allows the sale or supply of alcohol for consumption on the premises.
Off-licence (for example, bottle store, grocery store, supermarket) allows the sale or supply of alcohol for consumption off the premises.
Club licence (for sports clubs) allows the sale or supply of alcohol for consumption on club premises to members of the club.
Special licence (for an event, i.e. music event, food and wine festival) allows the sale or supply of alcohol to anyone attending a special event.
These licences allow you to sell or supply alcohol from the premises for which the licence is issued. But what happens when your existing premises is out of action for repairs or building work? Or what if a fire, storm or earthquake prevents the sale of alcohol on your licensed premises? Can you simply move to another premises and start operating?
“If your existing premises is out of action, can you simply move to another premises and start operating?”
The answer is yes – but there is some legal work to complete. You can apply for a temporary licence under s 74 of the Sale and Supply of Alcohol Act 2012. Section 74 allows licensing committees to authorise licences for alternative premises where the licensed premises are unfit for the sale of alcohol because of, for example: fire; storm; earthquake; other unforeseen events, including repair, alteration, rebuilding or building of additions to the premises; or any other circumstances that will prevent or already prevent the sale of alcohol on the premises. This has the effect of moving the “licensed premises” status from one site to another.
The conditions of the existing licence will continue to apply. The licensing committee has no express power to impose any new, fresh conditions apart from those conditions already on the existing licence. Because the temporary licence can only authorise the “licensee to sell alcohol pursuant to the licence”, the temporary licence can’t extend the period of the licence.
Be mindful that a ‘temporary licence’ is different from a ‘temporary authority’. A temporary authority allows a new owner to operate an existing business that already holds an on-licence or off-licence (‘base licence’). The temporary authority allows the new owner to sell and supply alcohol until the licence application for the new business is granted.
There is still an application process for a temporary licence and there is a fee and documentation that will be required. Seek advice if you are unsure how to go about getting a temporary licence and have your business covered during repairs, alterations or any unexpected events.
Pervinder Kaur is an Associate at Harkness Henry specialising in alcohol licensing and resource management law.
