Restrictions on issue of off-licences

32 Kinds of premises for which off-licences may be issued

(1)

An off-licence may be issued only—

(a)

to the holder of an on-licence issued for a hotel or tavern, for the premises (or part of the premises) for which the on-licence is held; or

(b)

for retail premises where (in the opinion of the licensing authority or licensing committee concerned) at least 85% of the annual sales revenue is expected to be earned from the sale of alcohol for consumption somewhere else; or

(c)

if—

(i)

the premises for which it is to be issued are not retail premises; and

(ii)

at least 85% of the annual income of the person to whom it is to be issued is (in the opinion of the licensing authority or licensing committee concerned) expected to be earned from the remote sale of alcohol; or

(d)

for premises where (in the opinion of the licensing authority or licensing committee concerned) the principal business carried on is the manufacture of alcohol; or

(e)

for premises that (in the opinion of the licensing authority or licensing committee concerned) are a supermarket with a floor area of at least 1 000 m2 (including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items); or

(f)

for premises that (in the opinion of the licensing authority or licensing committee concerned) are a grocery store.

(2)

Premises for which (by virtue of section 350(b)(i)) an off-licence must not be issued except to a licensing trust can still be premises for which (by virtue of subsection (1)) an off-licence may be issued.

(3)

Section 36 overrides subsection (1).

Compare: 1989 No 63 s 36(1)