End of an era – Government confirms off-sales easements to finish 31 March 2025

Claire Morris, Associate

So, now we know – the temporary off-sales easements introduced by the Business and Planning Act 2020 will finally come to an end on 31 March 2025. Any premises that wants to continue operating in that way from April 2025 onwards must now make an application to vary their premises licence. The full announcement can be read here.

S.182 Guidance has been updated to include the recommendation that, where the easement has been used without adverse impact, licensing authorities should treat such applications as minor variations (which are quicker and significantly cheaper than the alternative full variation application). However, there will be no obligation for an authority to do so. For example, those operating a strict cumulative impact policy could require a full variation application to be made. It will also remain open to responsible authorities to object to a minor variation application where they feel it is appropriate to do so.

The Government has indicated it will consider further supportive steps where premises are being denied without reasonable cause the opportunity to make off sales where they have done successfully under the easements. How, when and what those steps will be is unclear but we may expect them to reflect how well the industry has had to adapt to the imposition of yet another financial pressure.

Regardless of the type of application required, premises will need to move quickly to minimise the commercial impact of the cessation of the easements.

Any operator envisaging a return to pre-Covid operations post-March 2025 – either permanently or whilst an application is in progress – will need to prepare their staff and premises accordingly to ensure they are not operating in breach of their premises licence.

If you would like advice and assistance with making an application, or on any other licensing matter, please get in touch with our Licensing Team.