Section 8 - Exemptions and Prohibitions to the Sale and Supply of Alcohol

Question 1

Provide 3 examples of where Alcohol can be supplied without a premises licence

Answer 1

1. An aeroplane on a journey
2. Hovercraft on a journey
3. A train on a journey
4. A ship/boat on an international journey
5. A royal palace
6. Premises occupied by the military (i.e. army barracks)

Question 2

Do these premises [special premise license exemptions] require a PLH and DPS to sell or supply alcohol?

Answer 2

No

Question 3

Apart from the exempt premises, In what situation can a sale of alcohol take place without a premises licence?

Answer 3

Any orders which are not made in person (e.g. by phone, mail, or internet) do not need a licence where the sale takes place.

However, a premises licence is required for where the alcohol is dispatched from

Question 4

If an order is taken by phone, mail or over the internet, where is a premises licence required?

Answer 4

Where the alcohol is dispatched from

Question 5

If an order is taken by phone, mail or over the internet, does the alcohol dispatch location require a DPS and PLH?

Answer 5

Yes

Question 6

What is unlawful regarding selling alcohol on vehicles?

Answer 6

Selling alcohol on a moving vehicle (i.e. coach)

Question 7

What makes the sale of alcohol lawful on vehicles?

Answer 7

The vehicle must be permanently or temporarily parked

Question 8

Selling alcohol on a moving vehicle could induce what penalties?

Answer 8

Three months imprisonment and/or a fine of £20,000

Question 9

What power do Magistrates have regarding the sale of alcohol on trains?

Answer 9

On application by a senior police officer, make an order banning the sale of alcohol on trains at certain times or between certain stations

Question 10

What is an Early Morning Alcohol Restriction Order? (EMRO)

Answer 10

restricts sales of alcohol in either all or part of its area. Lasts for a limited or unlimited period between 12 midnight and 6am

Question 11

Who can issue an EMRO, and why would they?

Answer 11

The Licensing Authority, in order to appropriately promote the licensing objectives

Question 12

Which premises types are exempt from EMROs?

Answer 12

None, except those with overnight accommodation offering either mini-bar facilities or room service

Question 13

What are the 2 exceptional circumstances where the sale of alcohol at a motorway services area or at a premises used primarily as a garage can take place?

Answer 13

1. Privately owned motorway services areas that have been through the planning process since 1992
2. Garages that also sell other goods (such as groceries), if the other goods are seen as the primary purpose