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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a party of 10 who which to book a table at my restaurant

Customer Question

I have a party of 10 who which to book a table at my restaurant after we close at 10pm. I can't afford to turn the business away but I also can't afford to have my license removed. Is there a way to accommodate this? (I have a license to sell alcohol to consume off the premise, could they purchase before 10 and them it's a bring your own?) Kate
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If you have a licence to sell until 10pm then as long as they PURCHASE before 10pm you will be ok.

Alex Watts :

After 10pm then you can not sell alcohol to them, but they could bring their own

Alex Watts :

To be clear, you can sell before 10pm, even if they consume afterwards

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-yjq9xj51- :

Thank you. Can you please provide a reference to support this please? (it will help me with the licensing authority.)

Alex Watts :

Its not quite like that. You are licenced to SELL alcohol during the permitted time. This is whenever your licence is up to. After this time you are not permitted to sell alcohol so after then it would be as if you are unlicenced. There is nothing to stop your customers bringing their own drinks in.

Alex Watts :

There is no reference as such as you are complying with your licence, ie to sell during a permitted time

Alex Watts :

You can allow customers to bring their own drinks even if within your licenced time.

Alex Watts :

Does that clarify?

Customer :

I expected more information as I requested a detailed answer. The answer only referenced the sale of alcohol and not other factors to being open past my opening hours. It didn't define Purchase. If the answer cannot be detailed then I should be charged less.

Alex Watts :

I see you have rated poor service, which makes me very sad.

Alex Watts :

What else is it you would like to know from me?

Alex Watts :

You only need a licence for the sale of Alcohol

Alex Watts :

The Licencing Act 2003 states

Alex Watts :

14Meaning of “supply of alcohol”


For the purposes of this Part the “supply of alcohol” means—


(a)the sale by retail of alcohol, or


(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Alex Watts :

Therefore if it does NOT fall within the meaning you do NOT need a licence.

Alex Watts :

Therefore it is outside the remit

Alex Watts :

Does that clarify?

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