33 Determining whether premises are grocery store

(1)

In this section,

food product

(a)

does not include—

(i)

alcohol, confectionery, ready-to-eat prepared food, or snack food; or

(ii)

a drink (other than milk) sold in a container with a capacity of 1 litre or less; but

(b)

includes delicatessen items that are not ready-to-eat prepared food or snack food

grocery store means a shop that—

(a)

has the characteristics normally associated with shops of the kind commonly thought of as grocery shops; and

(b)

comprises premises where—

(i)

a range of food products and other household items is sold; but

(ii)

the principal business carried on is or will be the sale of food products

ready-to-eat prepared food

(a)

includes food for the time being declared by regulations under this Act to be ready-to-eat prepared food; and

(b)

does not include food for the time being declared by regulations under this Act not to be ready-to-eat prepared food

snack food

(a)

includes food for the time being declared by regulations under this Act to be snack food; and

(b)

does not include food for the time being declared by regulations under this Act not to be snack food.

(2)

In forming for the purposes of this Act an opinion on whether any premises are a grocery store, the licensing authority or a licensing committee—

(a)

must have regard to—

(i)

the size, layout, and appearance of the premises; and

(ii)

a statement of the annual sales revenues (or projected annual sales revenues) of the premises, produced in accordance with any regulations in force under this Act prescribing what information such statements must contain and how it must be set out; and

(iii)

the number, range, and kinds of items on sale (or expected to be on sale) on the premises; and

(b)

may have regard to any other matters it thinks relevant; and

(c)

may determine that the premises do not have the characteristics normally associated with a shop of the kind commonly thought of as a grocery shop by virtue of characteristics that the premises and the items on sale there lack or will lack, characteristics that the premises and the items on sale there have or will have, or a combination of both.

(3)

Paragraph (a) of the definition in subsection (1) of food product is for the avoidance of doubt only, and does not extend the generality of the term.