Sale and Supply of Alcohol Act 2012

350 Monopoly provisions continue to apply

(1)

Unless and until a competition proposal is carried in respect of a licensing trust to which this section applies, then, despite any of the other provisions of this Act,—

(a)

an on-licence must not be issued to any person other than the licensing trust for any hotel or tavern in the trust district:

(b)

an off-licence must not be issued for any premises in the trust district, except—

(i)

to the licensing trust; or

(ia)

for premises for which a licence to which subsection (4) applies is held; or

(ii)

for any premises on which any kind of alcohol is made:

(c)

a licence must not be issued for any premises outside the trust district, or for any conveyance operated in whole or in part outside the trust district, to—

(i)

the licensing trust; or

(ii)

any person on behalf of the licensing trust or in respect of any premises in which the licensing trust has any estate or interest; or

(iii)

any company in which the licensing trust holds any of the issued shares (other than shares that carry no right to participate beyond a specified amount in the distribution of either profits or capital); or

(iv)

any company in which the licensing trust has the power to appoint any director; or

(v)

any trustee or trustees of a trust in respect of which the licensing trust has the power to appoint any trustee; or

(vi)

any other person, body corporate, or trustee, if the licensing committee or the licensing authority is satisfied that the application by that person, body corporate, or trustees is made pursuant to an arrangement designed to enable the trust to evade the prohibitions set out in subparagraphs (i) to (v):

(d)

the licensing trust must not spend or distribute any of its net profits under section 307 outside the trust district.

(2)

Every off-licence issued under subsection (1)(b)(ia) must be issued subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller’s licence granted under the Sale of Liquor Act 1962.

(3)

A licence must, if renewed, be renewed subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller’s licence granted under the Sale of Liquor Act 1962, if it is—

(a)

an off-licence issued under subsection (1)(b)(ia) of this section or section 216(b)(iii) of the Sale of Liquor Act 1989; or

(b)

a licence to which subsection (4) applies.

(4)

This subsection applies to a licence if—

(a)

it was granted as a wine reseller’s licence under the Sale of Liquor Act 1962; or

(b)

it is an off-licence granted in substitution for a wine reseller’s licence granted under the Sale of Liquor Act 1962.

Section 350(1)(b)(ia): inserted, on 5 December 2013, by section 5(1) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).

Section 350(2): inserted, on 5 December 2013, by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).

Section 350(3): inserted, on 5 December 2013, by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).

Section 350(4): inserted, on 5 December 2013, by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).