- Date
- 1 July 2026
- Details
-
Bolton Council’s Licensing Team reminds all holders of a premises licence, authorising the sale of alcohol for consumption off the premises, of their legal responsibilities under the Licensing Act 2003 and related legislation.
It has come to our attention that some premises may be considering, or are currently operating, alcoholic slushie machines or supplying alcohol mixed into cups for customers to take away. If you are currently doing this we are advising you to cease this activity immediately, and we would like to take this opportunity to clarify the legal position.
Sale of Alcohol for Consumption Off the Premises
Where a premises is licensed for off-sales only, any alcohol sold must leave the premises in its original factory-sealed and unopened container.
The sale of alcohol that has been:
- Added to a slushie machine;
- Mixed with a soft drink or slush product;
- Poured directly into a cup or other open container; or;
- Supplied in any form that is not a sealed manufacturer’s container,
may constitute a breach of the premises licence, which is an offence under the Licensing Act 2003.
Unauthorised Licensable Activities
Section 136 of the Licensing Act 2003 makes it a criminal offence to carry on a licensable activity otherwise than in accordance with an authorisation. Supplying alcohol in an open container for consumption away from the premises is likely to fall outside the scope of a standard off-sales authorisation.
In addition, the operation of a pre-mixed alcoholic slushie machine that is stocked and available for sale may amount to exposing alcohol for unauthorised sale, creating further compliance concerns.
Consequences of non-compliance
Failure to comply with licensing requirements may result in:
- Investigation and prosecution;
- An unlimited fine upon conviction;
- Up to six months' imprisonment for relevant offences;
- A review of the premises licence;
- Suspension of licensable activities; or
- Revocation of the premises licence.
What You Should Do
You should review your practices immediately to ensure that alcohol is only sold in accordance with the permissions granted by your premises licence.
If you are uncertain whether a proposed activity is authorised, you should contact the Licensing Team (contact details are provided above) before commencing the activity.
The Licensing Authority will continue to monitor compliance and take appropriate enforcement action where breaches are identified.