Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Transitional matters

408: Certain otherwise ineligible applications may be granted for limited period

You could also call this:

"Sometimes you can get an alcohol licence for a short time even if you don't meet the new rules."

If you apply for an alcohol licence, there are some rules that might help you. You might get a licence for a short time if you could have gotten it under the old 1989 Act rules. This can happen if you want a new off-licence for a place that cannot have one under the new rules. It can also happen if you want to renew an off-licence for a place that cannot have one under the new rules.

If you get a licence under these rules, it will only be for a short time - no more than two years. The people who decide about licences will look at your application and think about whether you should get a licence under the old rules. They will consider how you have sold alcohol in the past.

You should know that this rule is connected to another rule, which is section 406.

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407: Disposal of applications made between 6 and 12 months after day of assent, or

"What happens to alcohol licence applications made 6-12 months after the new law started"


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409: Existing licences continue in force, or

"Licences to sell alcohol that you already had are still valid under the new law."

Part 3Licensing trusts, community trusts, and other matters
Other matters: Transitional matters

408Certain otherwise ineligible applications may be granted for limited period

  1. This section applies to an application if—

  2. it is an application for an off-licence for premises for which an off-licence cannot be issued under this Act but could have been granted under the 1989 Act; or
    1. it is an application for the renewal of an off-licence for premises for which an off-licence cannot be issued under this Act; or
      1. it is an application for a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
        1. by virtue of the criteria stated in this Act for the issue of licences of that kind, would not be, or would be unlikely to be, issued if the application had been made under this Act; but
          1. can appropriately be issued under the 1989 Act; or
          2. it is an application for the renewal of a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
            1. by virtue of the criteria stated in this Act for the renewal of licences of that kind, would not be, or would be unlikely to be, renewed if the application had been made under this Act; but
              1. could appropriately be renewed under the 1989 Act if the criteria for renewal included the manner in which the applicant has sold alcohol.
              2. Where this section applies to an application,—

              3. the licence concerned may be granted or renewed; but
                1. the grant or renewal must be for a period that ends no more than 2 years after the day of assent.
                  1. This section is subject to section 406.