Remote sales
Section 139 of the 2005 Act applies where, in connection with any sale of alcohol, the premises from which the alcohol is despatched for delivery of the sale is not the same as those where the order for the alcohol is taken.
Where the premises from which the alcohol is despatched are in Scotland, the sale of the alcohol is, for the purposes of this Act, to be treated as taking place on those premises. Therefore, those premises will require to have a premises licence.
Delivery of Alcohol
Section 119 of the Licensing (Scotland) Act 2005 (‘the 2005 Act’) makes it an offence to deliver alcohol unless the following is in place:
- a day book recording the order is kept on the premises from where the alcohol was despatched; and
- a delivery book or invoice is carried by the person delivering the alcohol
In addition the information required to be entered in the above is:
- the quantity, description and price of the alcohol; and
- the name and address of the person to whom the alcohol is to be delivered
Prohibition of late-night deliveries of alcohol
Section 120 of the 2005 Act prohibits late night deliveries of alcohol, making it an offence to deliver alcohol (other than to a licensed premises) between the hours of Midnight and 6:00am.
Online and postal sales
Section 65 of the 2005 Act regulates the licensed hours of off sales premises and alcohol must only be sold between the hours on 10:00am and 10:00pm.
For online and postal sales of alcohol this means that the completion of the transaction (payment) can only take place during these hours. The order for alcohol can be taken at any time and the delivery of alcohol can likewise take place at any time (other than between Midnight and 6:00am), but it is an offence to take payment outwith the statutory hours.
Age Verification
Schedule 3(9A) to the 2005 Act which regulates Age Verification does not extend to remote sales of alcohol. Notwithstanding, the licensee remains liable for practising due diligence in relation to underage sales.
If you require further information on delivery and remote sales of alcohol then please contact one of the licensing standards officers.