1b. Notes on Conditions template for BYO-only (s37 endorsed) on-licence

A. Managers

BYO-only restaurants are not subject to the requirements to appoint a manager and have them on duty at all times.

212 Appointment of managers: on-licences, off-licences, and club licences

Every holder of an on-licence (other than an on-licence endorsed under section 37), an off-licence, or a club licence must appoint a manager or managers in accordance with this Part.

215 Circumstances where section 214 does not apply

(1) The requirement to have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to— …

(b) premises for which an on-licence endorsed under section 37 is held;

The DLC is empowered, however, under s 37(2) to impose either or both of the following licence conditions:

(a) a condition requiring the appointment of 1 or more managers …

(b) a condition requiring a manager to be on duty on specified days and times.

These are more restrictive conditions than the requirements of the Act. Natural justice requires the committee to consult with the affected parties before imposing them.

B. Low-alcohol beverages

Section 52(1) of the Act requires all on-licence holders to ensure that low-alcohol beverages are available for sale and consumption, unless there is a licence condition exempting them from this. BYO-only on-licence holders are not authorised to sell low-alcohol beverages, however, under s 15. Condition 7 is designed to make it clear that BYO-only licence holders do not have to sell low-alcohol beverages.

Back to Templates for licence conditions