On
An ON licence is required for sale and supply of alcohol for consumption on the premise.
These may be Hotel, Tavern, Restaurant, Entertainment venue (nightclub) or Conveyance (e.g. for a charter fishing boat) types of On licence. A restaurant may choose to have a BYO only licence, which allows the consumption of liquor on the premise but not it’s sale.
Off
An OFF licence is required for the sale and delivery of alcohol for consumption off the premise.
These may be Bottle Store, Supermarket, Over the Counter Sales or Club types of Off licence. A Club Off licence restricts who sales may be made to – see later in this chapter. A sports club cannot hold an Off licence.
A caterer wishing to cater alcohol as well as food must also hold a caterer’s Off licence.
An Auctioneer wishing to sell alcohol at an auction must hold an auctioneer’s Off licence.
Club
A Club must hold a club licence for the sale and supply of alcohol for consumption on the club premises. A club cannot hold an On licence. Clubs are restricted as to whom they may sell alcohol to. A club holding a permanent charter granted under old licensing acts is entitled to sell and supply liquor in accordance with their own charter to their own members without the need for a club licence. They are still liable to other requirements of the Sale of Liquor Act 1989.
Special
A Special licence can be sought for sale and supply of alcohol for consumption on or off the premise to any person attending the event or series of events covered by the licence. It can be for any occasion or event or series of occasions or events in respect of any sort of premise or conveyance.
There are two types of Special licence. A Special licence sought under section 73 of the Act allows a usually unlicensed premise to sell and supply liquor for consumption on the premise for that occasion or event, such as for a community hall.
One sought under section 74 of the Act allows already licensed premises to override or extend the usual conditions of their existing licence. For example:
However, a Special licence is not to be used simply to get round existing conditions. It must be for some sort of social gathering other than that which the licence is usually for.
Since April 2000 it has also been possible for a Special licence to permit the sale of liquor for consumption off the premise – for example, so that a winery can sell wine at a home show or similar event.
Temporary Authority
There is also another way to sell and supply liquor temporarily, without a licence. If you are taking over a licensed premise, you can apply for a Temporary Authority to operate under the existing base licence until your own On or Off licence is determined. This authorises you to operate only under the conditions of that licence, and only for a period of three months.
(Don’t confuse this with the Temporary Manager mentioned later)
