New Schedule 1 — ‘Part to be inserted as Part 5A of the Licensing Act 2003 — “Part 5A — sale of alcohol at community events etc and ancillary business sale of alcohol — Conditions for permitted sales

Deregulation Bill (Programme) (No. 2) – in the House of Commons at 2:15 pm on 14th May 2014.

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110A  General conditions

(1) A sale by retail of alcohol is a permitted sale by virtue of this Part if—

(a) the community event conditions (set out in section 110B or in regulations made under that section) or the ancillary business sales conditions (set out in section 110C or in regulations made under that section) are satisfied in relation to it, and

(b) the conditions set out in subsections (2) to (5) below are satisfied in relation to it.

(2) The sale must take place on premises specified in a notice that complies with section 110D (a “Part 5A notice”).

(3) No counter notice under section 110J must have been given in relation to the Part 5A notice.

(4) The sale must take place during the period of 36 months beginning with the date when the Part 5A notice takes effect.

(5) The sale must take place between 07.00 a.m. and 11.00 p.m.

110B  Community event conditions

(1) The community event conditions, in relation to a sale by retail of alcohol, are the conditions set out in subsections (2) to (6) and any additional conditions set out in regulations under subsection (7).

(2) The sale must be made by or on behalf of a body that is—

(a) of a prescribed description,

(b) does not trade for profit, and

(c) meets any prescribed criteria.

(3) The sale must be ancillary to an event that—

(a) is taking place on the premises,

(b) is organised by the body by or on whose behalf the sale is made,

(c) has been advertised in advance, and

(d) meets any prescribed criteria.

(4) The sale must take place on the premises during the course of the event.

(5) The alcohol must be sold for consumption on the premises during the course of the event.

(6) The number of persons present on the premises at the time of the sale must not exceed 300.

(7) Regulations may provide for additional conditions prescribed in the regulations to be community event conditions.

110C  Ancillary business sales conditions

(1) The ancillary business sales conditions, in relation to a sale by retail of alcohol, are the conditions set out in subsections (2) to (5) and any additional conditions set out in regulations under subsection (6).

(2) The sale must be made by or on behalf of a body that—

(a) is of a prescribed description, and

(b) meets any prescribed criteria.

(3) The sale must take place on premises that—

(a) are managed by the body by or on whose behalf the sale is made,

(b) are of a prescribed description, and

(c) meet any prescribed criteria.

(4) The sale must be ancillary to the provision of goods or services to a person on the premises where the sale takes place.

(5) Except in prescribed circumstances, the alcohol must be sold for consumption on those premises.

(6) Regulations may provide for additional conditions prescribed in the regulations to be ancillary business sales conditions.