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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing generally, requirements on licensees, and conditions - Restrictions on issue of off-licences

34: Exception for certain areas where some licensed premises not economic

You could also call this:

"Some areas can have off-licences even if they're not normally allowed, if selling alcohol there wouldn't be economic."

The licensing authority or committee can decide to issue an off-licence for premises that are not normally allowed to have one. You can get an off-licence if the authority is satisfied that selling alcohol in certain premises in your area would not be economic, as described in section 32(1). The authority must also be satisfied that giving you the licence would not cause a significant increase in alcohol-related harm.

The authority's decision is based on the conditions in your area, as described in section 32(1)(b), (d), (e), or (f). This rule overrides section 32(1), but it is itself overridden by section 36. This means that the authority must follow section 36 when making a decision about your off-licence.

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Part 2Sale and supply of alcohol generally
Licensing generally, requirements on licensees, and conditions: Restrictions on issue of off-licences

34Exception for certain areas where some licensed premises not economic

  1. The licensing authority or licensing committee concerned may direct that an off-licence should be issued for premises not of a kind described in section 32(1) if satisfied—

  2. that, in the area where they are situated, the sale of alcohol in premises of a kind described in section 32(1)(b), (d), (e), or (f) would not be economic; and
    1. that the granting of the licence would not cause any significant increase in alcohol-related harm.

      1. Subsection (1) overrides section 32(1) but is overridden by section 36.

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