5b. Notes on Conditions template for off-licence (remote sales)

A. Days and hours

Template conditions 1 to 3 are informed by the following provisions of the Act:

  • Section 18(2) provides that a holder of an off-licence endorsed under s 40 can sell alcohol from the premises the licence is issued for and deliver it somewhere else. Section 40 refers to “off-licences for remote sellers of alcohol”.
  • A ‘remote sale’ is defined in s 5 as:

a sale pursuant to a contract that—

(a) has been entered into (using the Internet, by telephone or mail order, or in any other way) between—

(i) a seller who holds an off-licence; and

(ii) a person (whether the buyer or a person acting on the buyer’s behalf) who is at a distance from the premises where the seller entered into the contract; and

(b) contains a term providing for the alcohol to be delivered to the buyer (or to a person or place nominated by the buyer) by or on behalf of the seller

  • Section 49 provides that “a remote sale of alcohol may be made at any time on any day” and that the restrictions on hours of sale imposed by the default national maximum trading hours and the sacrosanct days do not apply. The restrictions on deliveries in s 48 and s 59(1), however, do apply. Section 59(1) provides that any alcohol sold by remote sale cannot be delivered to the buyer at any time between 11pm and 6am the next day, and s 48 means that deliveries of alcohol sold by remote sale cannot occur on the sacrosanct days, except for those from wineries (s 48(2)).

B. Managers

Remote sellers are required to appoint a certificated manager,[1] but not to have one on duty at all times.[2] Remote sellers are only required to have a manager on duty if the committee requires this by way of a licence condition, and then only for the days and hours specified by the DLC. If the committee wishes to require that a manager be on duty for a remote sales licence, natural justice requires that this be ‘socialised’ with the applicant.

C. Reasonable procedures to prevent sales to minors

Regulation 14 of the Sale and Supply of Alcohol Regulations 2013 specifies the following “reasonable procedures” to verify that alcohol is not being sold to a minor:

  • For website sales: get the buyer to twice declare, by ticking a box when entering the site and immediately before completing the purchase, that they are 18 years of age or over and that anyone taking delivery is 18 years of age or over.
  • For website sales: the seller can refuse to sell alcohol to the prospective buyer unless, on both occasions, he or she declares that he or she is 18 years of age or over (and, where a prospective receiver is involved, also declares that the prospective receiver is 18 years of age or over) (Regulation 14(2)(b)).
  • For telephone sales: get the buyer to twice declare, orally when the conversation starts and immediately before completing the purchase, that they are of age and that anyone taking delivery is 18 years of age or over.
  • For telephone sales: the seller can refuse to sell alcohol to the prospective buyer unless, on both occasions, they declare that they are  18 years of age or over (and, where a prospective receiver is involved, also declare that the prospective receiver is 18 years of age or over) (Regulation 14(3)(b)).
  • For catalogue sales (orders made on a physical order form): get the buyer to twice declare, by ticking a box at the start of the form and just before the signature space on the form, that they are 18 years of age or over and that anyone taking delivery is 18 years of age or over.
  • For catalogue sales: the seller can refuse to sell alcohol to the prospective buyer unless they have ticked both boxes and signed the form.

D. Provision of information

Regulation 15 of the Sale and Supply of Alcohol Regulations 2013 requires that a remote seller:

  • who makes sales via a website: displays on the site in a prominent place the licence holder’s name, the licence number, the date on which the licence expires and a legible image of the licence or a clearly identified link to such an image
  • who makes sales via a catalogue: publishes in the catalogue the licence holder’s name, the licence number and the date on which the licence expires.
  • All remote sellers seller must print on every receipt for alcohol sold remotely the licence holder’s name, the licence number and the date on which the licence expires. A similar requirement exists for this information to be displayed on any relevant internet site or catalogue.
 

[1] Section 212 of the Act.

[2] Section 215 of the Act:

(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—

…(c) premises for which an off-licence endorsed under section 40 is held;

…(3) A manager in respect of those premises is only required to be on duty if it is a condition of the licence or a condition of the endorsement of the licence and only for the days and times that may be specified.

 

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