![]() It will be the premises at this location which need to be licensed for example, a call centre receiving orders for alcohol would not need a licence but the warehouse where the alcohol is stored and specifically selected for, and despatched to, the purchaser would need to be licensed. Section 190 of the 2003 Act provides that the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract. This position can arise when sales are made online, by telephone, or mail order. the place where it is identified and specifically set apart for delivery to the purchaser). house to house), unless there is a premises licence in respect of the vehicle or moveable structure at each location at which a sale of alcohol is made in, on or from it.ģ.9 The place where the order for alcohol, or payment for it, takes place may not be the same as the place where the alcohol is appropriated to the contract (i.e. Therefore, a person cannot sell alcohol from a vehicle or moveable structure at a series of different locations (e.g. Mobile, remote, internet and other delivery salesģ.8 The sale by retail of alcohol is a licensable activity and may only be carried out in accordance with an authorisation under the 2003 Act. The delivery and handing over (in legal terms, “supply”) of the alcohol is not the licensable activity.Īs long as you stick to that procedure (which you can demonstrate by doing it under the gaze of your ever-recording CCTV, with records of orders and receipts), you are lawful. Once the alcohol is appropriated, it can then be delivered. Nor is ok to simply send the van out full of product and drive around taking and satisfying orders on an ad-hoc basis: for that you would need to licence the van.īut if the product is bagged up on the premises, that is lawful. It is not ok to fill a van up from the premises with the aggregate of what has been ordered and satisfy orders by selecting cans and bottles from a mass in the van: in that scenario, the appropriation to the contract is happening in the van, not in the premises. So, to be legal, the order has to be bagged or boxed up or otherwise labelled for the customer within the licensed premises. For those who need to get on with delivering alcohol, and couldn’t care less about the technical background, for pretty much any order of alcohol to be delivered, appropriation takes place when the particular bottles or cans are selected for the customer in question. It is actually quite a technical concept: for those who are interested, I set it out at the foot of the article. What is “appropriation to the contract?”. All your appropriation has to be done in this zone. There should be a red line (or often, a black and white photocopy of a red line) that delineates the licensed premises. You can find this out from the licensing plan, part of the premises licence. The ambit of the licensed premises is straightforward to establish. If this place is within the licensed premises then the sale is lawful. ![]() ![]() So the relevant place is where the alcohol is appropriated to the contract. The place where the contract is made might be at the premises - but it might be where the customer is, or on the internet or “in the cloud:”. Your customers seeking deliveries are not likely to be on the premises instead they will be at or on their way to their homes, the place of deliveries. (2) For the purposes of this Act the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract. (1) This section applies where the place where a contract for the sale of alcohol is made is different from the place where the alcohol is appropriated to the contract. Why? Because s.190 of the 2003 Act provides: To stay within the law, the alcohol sold has to be “appropriated to the contract” on the premises. You can check this in a box on the second page of the licence.įinally, there shouldn’t be any conditions that impose restrictions on deliveries. The premises licence must authorise the supply of alcohol for consumption off (or on and off) the premises. The premises licence will relate to a particular place: probably a convenience store, an off-licence or a pub or restaurant. The answer is of course a Licensing Act 2003 premises licence, which authorises premises to be used for the licensable activity of the sale of alcohol by retail, and which doesn’t contain any relevant restrictive conditions. “What licence do you need to deliver alcohol?” is a question that may be of sudden urgent interest to many businesses.
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