Part 2Sale and supply of alcohol generally
Management of licensed premises
215Circumstances where section 214 does not apply
The requirement to have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to—
- premises for which a club licence is held; or
- premises for which an on-licence endorsed under section 37 is held; or
- premises for which an off-licence endorsed under section 40 is held; or
- premises for which an off-licence but no on-licence is held where fruit or vegetable wine or grape wine is made; or
- premises for which an off-licence but no on-licence is held that are situated on land from which there is harvested produce from which fruit or vegetable wine or grape wine is made.
At any time, the requirement to have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to any premises for which both an off-licence and an on-licence are held if—
- the premises are—
- premises where fruit or vegetable wine or grape wine is made; or
- premises situated on land from which there is harvested produce from which fruit or vegetable wine or grape wine is made; and
- premises where fruit or vegetable wine or grape wine is made; or
- at that time no alcohol is being sold or supplied to the public for consumption on the premises.
A manager in respect of those premises is only required to be on duty if it is a condition of the licence or a condition of the endorsement of the licence and only for the days and times that may be specified.
If it is a condition of the licence or the endorsement of the licence that a manager be on duty at any particular time, section 214(2) to (4) applies to a manager of the premises when he or she is on duty.