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Q: Do I need an alcohol licence to give away alcohol?
A: An alcohol licence is needed if you intend to sell alcohol at a premises. In this case, two answers are applicable depending on your situation.
If you are genuinely giving away alcohol free of charge, such as samples or promotional stunts, then a premises licence permitting sale of alcohol may not be necessary.
However, if you are providing alcoholic drinks to clients in conjunction with a sale, this is then classed as a sale of alcohol. For example, if alcohol is included in any entry fee or ticket price, it constitutes an (in-direct) sale of alcohol given alcohol is provided with a paid ticket (and effectively the value of the alcohol is included in any ticket/ entrance fee).
For instance, if you are organising a charity event and provide free alcohol but charge for entry or a ticket, it then falls under this category. Alternatively, it may be a matter of fact and degree in certain situations. Take, for instance, a barbershop or hair salon, you might offer a complimentary glass of prosecco to every customer upon arrival. While you are not directly charging customers for the drink, it may be viewed as part of the service the customer has paid for. However, if someone enters your premises and is offered a free drink without requiring them to pay for a service, you could argue that the drink is not directly tied to customers paying for the haircut service and is genuinely free of charge and therefore is not a sale of alcohol, thus exempting you from needing a licence.
Finally, you should consider if any other activities are being used in your premises/promotion that are licensable e.g. late night refreshment or regulated entertainment such as recorded music or showing of films.
If you are in any doubt as to whether you require an alcohol licence we would advise that you consult your local licensing authority officer before giving away any alcoholic drinks or take legal advice from a licensing expert and contact any of our solicitors here.
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