Alcohol in Outdoor Areas
A guide to alcohol consumption in outdoor areas such as beer gardens.
On-Sales vs Off-Sales
Any business selling alcohol to the public must hold the appropriate licence—typically a premises licence under the Licensing Act 2003.
The Act distinguishes between two types of alcohol sales:
- On-sales – alcohol sold for consumption on the premises (e.g. pubs, restaurants)
- Off-sales – alcohol sold for consumption off the premises (e.g. shops, takeaways)
Each type of sale requires specific authorisation on your licence. For example, a corner shop would need permission for off-sales, while a restaurant or bar would require on-sales permission.
Crucially, the areas where on-sales are permitted are not defined by your freehold or lease, but by the premises plan submitted with your licence application. Only those areas within the premises boundary, outlined in red on the approved plan are considered licensed for on-sales and other licensable activities.
So, even if you own a forecourt or beer garden, those spaces cannot legally be used for on-sales unless they are included within the licensed boundary on the plan.
Outdoor Areas and Off-Sales
If your licensed pub or restaurant does not have permission for off-sales, then any outdoor areas in which alcohol is consumed (such as a beer garden or front forecourt) must be included within the premises boundary outlined in red on the plan. Selling alcohol in a beer garden that’s not included within the licensed boundary could amount to unauthorised licensable activity which may be a criminal offence.
If, however, the premises licence authorises off-sales, and doesn’t impose restrictions, then outdoor areas such as beer gardens do not necessarily need to be included within the delineated premises boundary. This is because the place of service of the alcohol is the location at which the order is selected for service (i.e. the inside bar).
- If you make alcohol sales directly from outdoor areas those areas must be included on your premises plan. This would apply where you run an outside bar, or members of staff circulate with trays of drinks directly available for sale.
- If customers buy drinks inside and simply carry them outside, then that counts as off-sales. Similarly, where staff take drink orders in the outdoor space, then collect the drinks from the inside bar to deliver them, this is also treated as an off-sale. For off-sales, the outdoor space does not need to be included on the premises plan.
- Where an outdoor area used for consumption of alcohol off-sales is not included in the premises plan, a written description of where the place is and its proximity to the premises must be included in a premises licence application.
Note that off-sales are not permitted under a club premises certificate.
Music in Outdoor Areas
Enjoy a little outdoor entertainment?
Amplified live or recorded music that takes place in an outdoor area included within the premises licence boundary on the premises plan is exempt from licensing requirements between 8am and 11pm, where the audience is 500 people or fewer.
Where an outdoor area is not included in the premises plan, it is nevertheless likely that it will be a workplace. A performance of amplified live music in a workplace is exempt from licensing requirements between 8am and 11pm, where the audience is 500 people or fewer. This does not apply to the playing of amplified recorded music.
Late Night Refreshment in Outdoor Areas
Want customers to eat outside until late?
Late-night refreshment is the service of hot food and drink between 11pm and 5am.
Unlike alcohol, however, there are no ‘on’ or ‘off’ sales. The point of service of hot food and drink is where the refreshment is handed to the customer. This must be a part of the property included within the premises licence boundary on the premises plan.
Where an outdoor area is not included in the premises plan, it is not possible to provide late night refreshment in this area..
Planning Meets Licensing
Outdoor drinking isn’t just about licensing. Planning permissions often impose operating hours or other conditions for business use of outdoor areas.
It's critical to review local authority planning records for the premises to determine whether there are any constraints on usage of outdoor areas.
You should ensure that the operating hours and conditions of any premises licence application align with planning permission.
Nuisance or Disorder
Even if an outside area is excluded from the premises plan, the licence holder remains responsible for nuisance or disorder in outdoor areas in the immediate vicinity of the premises. It is hence important that any such areas are appropriately managed. Consider:
- Closing outside areas earlier than general closing times.
- Implementing noise management and dispersal policies.
- Installing acoustic fencing and appropriate planting to limit noise nuisance for neighbouring properties.
- Setting limits on the numbers of customers who may use the outdoor area at any one time.
The Licensing Authority or responsible authorities such as the police may impose conditions of the use of adjacent outdoor areas during a premises licence application or variation - even where they are excluded from the premises plan.
Incorrect management of outdoor areas may result in licensing enforcement actions including review or suspension of the licence.
Final Recommendations
When using an outside area such as a beer garden for alcohol consumption you must EITHER:
- Include the garden within the licensed premises (red boundary) and treat it as an on-sales area; OR
- Exclude the garden from the licensed premises and rely on off-sales authorisation for alcohol to be consumed there.
For new premises licence applications it can be challenging to secure permission for off-sales of alcohol for traditionally on-sales venues such as public houses. This is due to the potential for street drinking, nuisance, or disorder.
If you only require permission to sell alcohol for consumption off the premises so that you can use a beer garden or similar outside space, it may be simpler to include the area on the premises plan, within the outline of the premises boundary.
If you hold an older premises licence dating to before, or shortly after, the introduction of the Licensing Act 2003 you will generally have fewer operating conditions that on a new licence.
If carrying out a major premises licence variation on an older licence permitting off-sales, it may be preferable to continue excluding the outside area from the premises plan. This may reduce the imposition of onerous operating conditions.
Need assistance on how to manage your outdoor space?