| Index »Alcohol Licensing |
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| Alcohol Licensing |
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| The Licensing Act 2003 introduces new types of licence and changes the way alcohol licensing is controlled. The new licensing Act intends to increase, the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. |
| One major change is the new personal licence. Before alcohol can be supplied the person selling or supplying the alcohol must have a personal licence or be authorised to supply the alcohol by someone who holds a personal licence.The following link(s) will let you enter details of where you live and then take you to your local authority website where you can find out more about liquor licences.
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| Those who currently hold a justice's licence may, during the transition period, take advantage of provisions in the Licensing Act which mean that they may apply for and, providing certain criteria are fulfilled, obtain a personal licence without having to possess a licensing qualification.
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| The Licensing Act 2003 ("the Act") establishes a regime for the granting of personal licences to individuals to supply, or to authorise the supply of alcohol. The personal licence is separate from the licence which authorises the premises to be used for the supply of alcohol.
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| The Licensing Act 2003 ("the Act") requires each licensing authority to carry out its duties with a view to promoting four licensing objectives.
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| These are:
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The prevention of crime and disorder |
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Public safety |
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The prevention of public nuisance |
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The protection of children from harm |
| The licensing of individuals separately from the licensing of premises permits the movement of personal licence holders from one premises to another, allowing greater flexibility. It ends the previous outdated regime where publicans were tied by licences to the premises where they work. The Act also provides the police and licensing authorities with powers to deal with errant personal licence holders.
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| The personal licence relates only to the supply of alcohol under a premises licence. An individual will not require a personal licence for the other licensable activities, the provision of regulated entertainment or late night refreshment, or for the supply of alcohol under a club premises or temporary event notice (although personal licence holders will be able to give 50 temporary event notices each year instead of the limit of 5 for non-personal licence holders).
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| A personal licence does not authorise its holder to supply alcohol anywhere, but only from establishments with a premises licence authorising the supply of alcohol in accordance with the premises licence. An individual may hold only one personal licence at any one time.
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| All premises licences authorising the supply of alcohol must have an identified personal licence holder known as the Designated Premises Supervisor (DPS). This ensures there is always one specified individual who can be readily identified at a premises where a premises licence is in force. This person will usually be responsible for the day-to-day running of the premises. More than one individual at the licensed premises may hold a personal licence, although it is not necessary for all staff to be licensed. But, all supplies of alcohol under a premises licence must be made by or under the authority of a personal licence holder.
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| Personal Licence
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| Personal licence does not require premises license. Personal licence can be obtained and kept even if the holder is not working in licenced premises. Application to be made to the licensing authority at the area at, which applicant lives. Licence must be produced if asked by the police officer. The Peronal license is provided for the term of 10 years and it will be renewable after that period for a further ten years if the licence holder has not been convicted of any relevant or foreign offence.
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| Applicants for personal licences will need to obtain an accredited qualification first. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol. Personal licence qualification providers are accredited by the Secretary of State.
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| Why Do I Need To Apply For A Personal Licence?
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| The new system of personal licenses will allow holders to sell alcohol for consumption on or off any premises covered by a premises licence, similar to the way that a driving licence permits the driving of a car. It replaces the vague 'fit and proper person' tests with a need to possess a licensing qualification, in most cases, or otherwise to be a person of description set out in regulations made by the Secretary of State. The personal licence qualification is also expected to help raise professional standards across the hospitality industry.
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| What Is The Application Process For A Personal Licence?
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| The applicant must submit an application form to the relevant licensing authority. The form will require certain details of the applicant to be provided, and applicants will be required to provide additional information and documents such as photographs as well as the fee for the application. They will be asked for details of any relevant or foreign offences for which they have been convicted. The licensing authority will then process the application.
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| If it appears there are convictions for any relevant or foreign offences, the licensing authority will give a notice to the chief officer of police for the area. If the police make no objections within a 14 day period, the licence must be granted.
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| How Do I Obtain The Necessary Licensing Qualification For A Personal Licence?
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| Personal licence qualification providers are accredited by the Secretary of State. The following link will provide the details:
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| http://www.culture.gov.uk/NR/rdonlyres/33A5A6EF-92F3-4024-BC63-
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| http://www.culture.gov.uk/NR/rdonlyres/A63AA884-6093-453A-87A7-
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| How Long Will A Personal Licence Last?
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| A personal licence will last for ten years (subject to certain provisions of the Act regarding, for example, surrender and forfeiture of the licence). The licence can be renewed for further periods of ten years. The licence will be renewed if the licence holder has not been convicted of any relevant or foreign offence. If any such convictions have occurred since the licence was granted or renewed, the licensing authority must notify the chief officer of police for its area who may object to the renewal.
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| Do I Have To Have To Hold A Personal Licence To Work In A Pub?
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| No one is required to hold a personal licence to work in any licensed premises other than the person who is the designated premises supervisor in respect of the premises licence, referred to above. However every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
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| Does There Always Have To Be A Personal Licence Holder/DPS On The Premises In Order To Authorise A Sale?
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| There is nothing in the 2003 Act that requires the DPS to be on the premises at all times when alcohol is being sold. What will be essential is that the DPS is contactable, particularly should problems arise with the premises.
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| The fact that every supply of alcohol must be authorised by a personal licence holder does not mean that only personal licence holders can make such sales or must be personally present at every transaction. A personal licence holder may, for example, authorise members of staff to make sales of alcohol during the course of an evening. It would be expected that the personal licence holder would be available on the premises, but may be absent at times when transactions take place. However, the personal licence holder would not be able to escape responsibility for the actions of those he authorises to make such sales. Ultimately, it would be for the courts to determine whether the frequency or length of a period of absence meant that the personal licence holder could not, in effect, have authorised the sale.
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| Should A Licensee Employ More Than One Personal Licence Holder?
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| This is an operational decision for the premises licence holder. Holders of the premises licence may wish to have more than one personal licence holder in case a new DPS has to be appointed at short notice, and to allow greater flexibility in fulfilling the requirement for every alcohol sale to be made or authorised by a personal licence holder.
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| The aim of personal licence training is to ensure licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol. Some licensees may therefore consider it appropriate to have more than one personal licence holder in order to promote one or more of the four licensing objectives. It should be stressed, however, that a personal licence is not a qualification that is associated with business competency and other forms of training should be considered alongside the personal licence.
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| How Much Will I Have To Pay For A Personal Licence?
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| The fee for a personal licence application is £37, with the same fee on each renewal, at ten yearly intervals.
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| How Do I Qualify For A Personal Licence?
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| To qualify for a personal licence the applicant must fulfil certain criteria. These are set out in the Act. The licensing authority must grant the licence if it appears that:
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The applicant is aged 18 or over |
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No personal licence held by him has been forfeited within the period of five years before making the application |
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He possesses an accredited licensing qualification, or is a person of prescribed description |
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He has not been convicted of any relevant or foreign offence |
| If the applicant fulfils all these criteria, the licence will be granted. If any of the first three criteria are not met, the licensing authority must reject the application. The licensing authority must notify the chief officer of police for its area if it appears that an applicant has been convicted of any relevant or foreign offence, as set out above.
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| What Will A Personal Licence Look Like?
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| A personal licence will be in two forms, the first will be in a small durable form, and contain the following information:
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The holders name and address |
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An identifier for the licensing authority which granted it |
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A photograph of the holder |
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A unique number allocated by the licensing authority |
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The date of expiry |
| The second part of the licence will contain the above information, apart from the photograph, and will also contain details of any relevant or foreign offence which the holder has been convicted.
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| What Is The Meaning Of The Term 'Relevant Offence'?
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| 'Relevant offence' refers to the offences listed in the Act that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned.
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| The offences include:
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Those involving serious crime |
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Those involving serious dishonesty |
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Those involving controlled drugs |
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Certain sexual offences |
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Offences created by the Act |
| When applying for the grant of a personal licence or for the renewal of a personal licence, the applicant must include details of any relevant or foreign offences for which they have been convicted or, in the case of applications for the renewal of the licence, have been convicted since the grant or last renewal of the licence.
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| How Do 'Foreign Offences' Differ From Relevant Offences?
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| Convictions for offences (other than relevant offences) under the law of any place outside England and Wales, including other parts of the United Kingdom such as Scotland and Northern Ireland, are counted as foreign offences. Details of these will also need to be given. The reason for the separate terms is that offences under the law of places outside England and Wales, which are equivalent to relevant offences, will not necessarily exist in exactly the same form as relevant offences.
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| How Will Licensing Authorities Check Relevant And Foreign Offence Records?
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| Each personal licence application will have to include details of records of any relevant or foreign offence for which the applicant has been convicted. The licensing authority must give notice, where an applicant has been convicted of a relevant or foreign offence, to the chief officer of police for that area. The police will then consider the conviction.
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| For relevant offences the police will consult either their own records or those of the relevant police force if the offence was committed in a different area. The chief officer of police will then notify the licensing authority if he is satisfied that granting or renewing the personal licence would undermine the licensing objective of preventing crime and disorder. For foreign offences the police will take steps to contact their counterparts in the region or country where the conviction occurred.
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| What If I Am Convicted Of A Relevant Offence While Holding A Personal Licence?
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| If you are charged with a relevant offence, you must produce your personal licence to the court. If that is not practical, you must tell the court that you have a personal licence; the issuing authority, and why you can't produce the licence. If you are convicted, the Court will notify the relevant licensing authority about the conviction, and may order the forfeiture or suspension of the licence.
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| Failure to produce, or notify the court about your licence, without reasonable excuse, is an offence under section 128 of the Act. The sentence on conviction of this offence is a fine of up to £500, and could result in the forfeiture or suspension of the licence.
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| What Happens If I Am Convicted For A Relevant Offence, But I Failed To Produce My Licence To The Court (Or Notify Them Of Its Existence)?
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| This is an offence (see above). It also becomes your duty to notify the licensing authority that granted the licence of the conviction for the relevant offence, and any sentence imposed. This notice must be accompanied by the personal licence, or a statement explaining why it was not enclosed.
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| Failure to do this, without reasonable excuse, is an offence. The sentence on conviction of this offence is a fine of up to £500, and could result in the forfeiture or suspension of the licence.
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| What Happens If I Am Convicted Of A Foreign Offence?
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| You must notify the licensing authority that granted the licence of the conviction, and any sentence imposed. This notice must be accompanied by the personal licence, or a statement explaining why it was not enclosed.
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| Failure to do so, without reasonable excuse, is an offence. The sentence on conviction of this offence is a fine of up to £500 and could result in the court ordering the forfeiture or suspension of the licence.
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| How To Apply For A Personal Licence
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| Application Forms for Personal Licence Can be obtained by using the following Link:
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| PDF Format
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| http://www.culture.gov.uk/NR/rdonlyres
/AE846412-1436-44E4-929E-7D399599582B/0/P_411.pdf
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| Word Format
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| http://www.culture.gov.uk/NR/rdonlyres
/A870A4B0-8098-47FB-80C7-10C946C8188B/0/P_411.doc
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| Application Forms For Renewing Personal Licence Can Be Obtained By Using The Following Link:
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| http://www.culture.gov.uk/NR/rdonlyres
/263E698C-2AD0-414C-AFB3-BD17A08BA825/0/P_412.doc
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| Designated Premises Supervisor (DPS)
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| The designated premises supervisor is responsible for making sure the premises operate legally and meet any conditions attached to the licence. A designated premises supervisor (DPS) is the person identified as such for a particular premises who is named on the premises licence. Any premises where alcohol is supplied under a premises licence must have a DPS. They will be named in the operating schedule for any premises with a premises licence. The DPS will not necessarily be the premises licence holder, although this may sometimes be the case. It is expected that they will be the point of contact for the premises at all times for licensing authorities, or the police or fire services if problems occur at the premises.
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Premises licence holder must nominate a designated premises supervisor. |
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Designated premises supervisor single point of accountability. |
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Only one at a time at premises |
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The personal licence holder does not have to be the designated premises supervisor. |
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| IMPORTANT POINTS
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No supply of alcohol unless there is a designated premises supervisor. |
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Designated premises supervisor (DPS) must have a personal licence. |
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If someone else works for the DPS. DPS must give permission to the person at the till. |
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| Premises License
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| All premises used to supply alcohol will also need to be licensed. Applications need to include the applicants'details and those of the "designated premises supervisor", who must be a personal licence holder. Applications need to include a detailed plan of the premises and an operating schedule.
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| A premises licence will be required for one or more of the following activities:
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Retail sale of alcohol |
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Supply of alcohol to or on behalf of a club or when ordered by a club member |
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Supply of hot food or drink between 11pm and 5am the following morning |
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Provision of entertainment for profit, including charity, where the entertainment involves: |
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Theatrical performance |
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Film exhibition |
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Indoor sporting event |
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Boxing or wrestling (indoor or outdoor) |
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Live music |
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Recorded music |
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Dance |
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Provision of facilities for making music |
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Provision of dancing facilities |
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| How To Apply For A Premises Licence
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| Application Forms For Premises Licence Can Be Obtained By Using The Following Link:
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| PDF Format
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| http://www.culture.gov.uk/NR/rdonlyres
/89F8BB51-7D7E-4770-BB47-83B199F00AFF/0/P_422.pdf
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| Word Format
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| http://www.culture.gov.uk/NR/rdonlyres
/02A4A443-6CC5-4126-ADA1-BCE7AE3030DA/0/P_422.doc
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| Guidance On Filling Premises Licence Application Form Can Be Obtained By Using The Following Link:
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| PDF Format |
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| http://www.culture.gov.uk/NR/rdonlyres/4571C07F-3A0D-4F92-8895-
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| Word Format
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| http://www.culture.gov.uk/NR/rdonlyres/339DBCFA-2046-4A84-B8CA-
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| SOME GENERAL Q&As
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| How Do I Apply For A Premises Licence?
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| Application procedure:
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| An application form for a premises licence can be obtained from the licensing authority responsible for the area in, which the premises is situated and should be submitted with.
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An operating schedule. |
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A plan of the premises in the format required |
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Details of the Designated Premises Supervisor (DPS) and a form of consent from him agreeing to undertake the specified role, where the licensable activities for which the premises is to be used includes the sale of alcohol. |
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The Appropriate fee |
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| What Is The Process For Making Variations To A Premises Licence?
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| A premises licence holder may apply to the licensing authority to vary the licence. Variations could include the opening times of the premises, or even changes to the physical shape of the premises covered by the licence. More probably, it will relate to the licensable activities of the licence or conditions attached to the licence.
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| Provided the application to vary is not to extend the period for which the licence has effect or to vary substantially the premises to which it relates, the licensing authority must make the variation (unless there are relevant representations from interested parties such as local residents or responsible authorities such as the police). When representations are made, the licensing authority must hold a hearing to consider them (unless all parties agree that this is unnecessary) and, having regard to the representations, take such steps as it considers necessary for the promotion of the licensing objectives, such as modifying the conditions of the licence or rejecting whole or part of the application. A fee will be charged for any application to vary a premises licence.
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| Can I Make My Application By E-mail?
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| Applications should be made to the relevant licensing authority in writing and it is for licensing authorities to take their own view on whether to accept applications received electronically. However, applicants should note that an application or notice should not be treated as given until the completed form, fee and plan or other document or information has been received by the relevant licensing authority. Responsible authorities will decide independently whether to accept electronic applications.
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| How Are Applications Advertised?
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| In the case of an application for the grant or variation of a premises licence and for provisional statements, the person making the application must display a pale blue A4 (or larger) notice, printed legibly in black ink or typed in black, in a size equal (or larger) to 16 font, prominently at or on the premises to which the application relates. Where the premises covers an area of more than 50 metre squared, the same notice must be placed every 50 metres along the external perimeter of the premises. The notice must be displayed for 28 consecutive days, starting the day after the application is given to the relevant licensing authority.
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| In addition to this, they publish a notice in a local newspaper (or if there is none, in a local newsletter, circular or similar document) circulating in the vicinity of the premises, at least once during the 10 working days after the application is given to the relevant licensing authority.
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| What Information Needs To Be Included In The Advertisement?
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| In all cases, these notices need to state:
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The name of the applicant |
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The postal address of the premises, or if none, a description to allow it to be identified |
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A statement of the licensable activities you propose to carry on |
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The postal and website address (if any) where the relevant licensing authority's register is kept and can be inspected |
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The date by which an interested party or responsible authority may make representations |
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That representations may be made in writing |
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That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence |
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| In the case of an application for a provisional statement the notice shall state that representations are restricted after the issue of a provisional statement, and where known, may state the relevant licensable activities which it proposes to carry on. In the case of an application to vary a premises licence, the notice must also briefly describe the proposed variation. |
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| What Is The Process Following The Advertisement?
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| Where no relevant representations are made by responsible authorities or interested parties the licensing authority must grant the licence application subject only to the mandatory conditions and such other conditions as are consistent with the operating schedule. If relevant representations are received, the licensing authority must hold a hearing and consider the representations (unless all parties agree that this is unnecessary). This may result in the rejection of the application, the refusal to specify a premises supervisor (if the licensable activities relate to the supply of alcohol), the exclusion of a licensable activity, or the attachment of conditions to the licence in all cases if this is necessary for the promotion of one or more of the licensing objectives. For example, a licensing authority could attach a condition preventing the playing of amplified music after 11pm for a pub in a quiet residential area.
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| What Is An Operating Schedule?
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| The operating schedule is a part of the relevant application form, in which the applicant sets out various details on how the premises is proposed to operate when carrying on licensable activities. It must include the following information:
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The licensable activities to be carried out |
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The proposed hours that the relevant licensable activities are to take place |
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He proposed hours that the premises are to be open to the public |
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The duration of the licence (if it is to have a fixed term) |
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Details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol |
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where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises |
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A statement of the steps the applicant proposes to take to promote the licesing objectives (for example, the arrangements for door security to prevent crime and disorder) |
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| The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence itself and will set out the permitted activities and the limitations on them. |
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| What Are The Requirements Relating To Plans Of Premises?
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| A plan of the premises will have to be submitted with every application for a premises licence. Unless previously agreed with the relevant licensing authority in writing that an alternative scale plan is acceptable, the plan should be drawn in standard scale (1 millemetre represents 100 millimetres). The plan will need to show:
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The boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises |
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Points of access and exits from the premises, and the location of escape routes if different |
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Where the premises is to be used for more than one licensable activity, the area within the premises used for each activity |
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Fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on exits and escape routes |
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The location and height of any stage or raised area or area relative to the floor |
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Any steps, stairs, elevators or lifts |
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Any room or rooms containing public conveniences |
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The location of a kitchen, if any, on the premises. |
| The plan may include symbols to illustrate such matters, and a key to explain them. |
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| What Is Meant By 'In The Vicinity Of The Premises'?
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| Ultimately this will be decided by the courts but the licensing authority will have to consider whether a resident or a business would be affected by the carrying on of licensable activities on the premises.
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| What Is The Process For Making Variations To A Premises Licence?
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| A premises licence holder may apply to the licensing authority to vary the licence. Variations could include the opening times of the premises, or even changes to the physical shape of the premises covered by the licence. More probably, it will relate to the licensable activities of the licence or conditions attached to the licence.
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| Provided the application to vary is not to extend the period for which the licence has effect or to vary substantially the premises to which it relates, the licensing authority must make the variation (unless there are relevant representations from interested parties such as local residents or responsible authorities such as the police). When representations are made, the licensing authority must hold a hearing to consider them (unless all parties agree that this is unnecessary) and, having regard to the representations, take such steps as it considers necessary for the promotion of the licesing objective, such as modifying the conditions of the licence or rejecting whole or part of the application. A fee will be charged for any application to vary a premises licence.
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| What Is A Consent Form?
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| Any application for a premises licence must also include a form of consent given by the individual whom the applicant wishes to have specified in the premises licence as the DPS. The DPS consent form is available separately.
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| Consent from the DPS by submitting the consent form. It can be obtained By following the link below: http://www.culture.gov.uk/NR/rdonlyres
/C2B535C5-2BE3-4848-BF66-775021D17338/0/P_4211A.pdf
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| Does The Designated Premises Supervisor (DPS) Have To Be On The Premises At All Times When Alcohol Is Being Sold?
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| No, in some cases this will not physically be possible. However, it will be expected that the DPS will spend a significant amount of time on the premises. What will be essential is that the DPS is contactable, particularly should problems arise with the premises.
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| Can I Be A Designated Premises Supervisor (DPS) At More Than One Premises At The Same Time?
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| Yes. The only requirement for being a DPS is that the individual concerned must be the holder of a personal licence. This ensures that where the activities concern the supply of alcohol there is a person associated with the premises who has an understanding of the social issues and potential problems associated with the sale of alcohol.
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| Can Anyone Object To A Person Who Is Specified As A Designated Premises Supervisor (DPS)?
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| The chief officer of police only will be able to make representations about the specification of any DPS if he feels, in the exceptional circumstances of the case, that the crime prevention objective could be undermined by that specification. This could include fears that the DPS would not be able to fulfil the responsibilities in respect of the crime prevention objective for more than one premises at the same time. Where the chief officer of police makes representations about the DPS, the licensing authority must hold a hearing to consider them (unless all parties agree that this is unnecessary). As a result of the consideration of the representations, the licensing authority will refuse to specify the DPS if it considers it necessary for the promotion of the crime prevention objective to do so.
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| Can There Be More Than One Designated Premises Supervisor (DPS) At The Same Premises?
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| The Act specifies that there may only be one DPS for any premises.
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| What Happens If The Designated Premises Supervisor (DPS) Leaves His Employment, Notifies The Licensing Authority, But Does Not Tell The Premises Licence Holder?
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| The DPS must inform the relevant licensing authority if he or she wishes to be removed as DPS. Within 48 hours of the notice being given to the licensing authority, the individual must also give the premises licence holder a copy of the notice sent to the licensing authority. The DPS must also send a notice directing the licence holder to send to the relevant licensing authority the premises licence or if that is not practicable, a statement of the reasons for the failure to provide the licence within 14 days of receiving the notice. If the holder fails to comply with the direction he will commit an offence.
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| Do Alcohol Wholesalers Require A Licence To trade?
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| Yes in some cases. For the first time, wholesalers will require a premises licence to sell alcohol in wholesale quantities to members of the public. No sales of any kind may be made to children. Sales made to other traders for the purposes of their trade will not be a licensable activity. Similarly, sales made to holders of premises licences, club premises certificates or personal licences will not be a licensable activity if the sale is for the purposes authorised by the premises licence or for the purposes of the qualifying club. Also exempt will be when alcohol is sold wholesale to premises users operating under a temporary event notice. In all cases, it is advisable to check with the licensing authority for the area if the sale is a licensable activity and to avoid any potential problems.
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| What Is A "Wholesale" Quantity?
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| The Act does not provide a definition of "wholesale" quantity, which is to be contrasted with the provisions in the Licensing Act 1964, where the definition of "sale by retail" impliedly provides a definition. This is because the Act does not make special provision for the wholesale of alcohol to the public - all sales by retail are caught.
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| Do I Need A Licence If I Sell Alcohol Wholesale To Friends From My Own House?
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| All sales of alcohol to members of the public, even in wholesale quantities, from any premises will require an authorisation. Any premises from which alcohol is supplied or sold will require either a premises licence, a club premises certificate or a temporary event notice. There will need to be a designated premises supervisor for the premises if the authorisation is in the form of a premises licence.
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| For a small-scale operation selling alcohol in bulk to friends, the applicant would still need an authorisation for the premises from which the alcohol is supplied or sold. In all cases it will be advisable to consult the licensing authority for the area to check whether the activities will be licensable to avoid any repercussions. |
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| Do I Need Door Staff If I Extend My Licensing Hours?
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| Not necessarily. You may take the view that this is needed in order to promote one or more of the licesing objectives and include it in your operating schedule. However, if you decide not to do so and relevant representations are made to the effect that door staff should be on the premises, such a condition may be imposed, following a hearing before the licensing authority, if it is necessary for the promotion of the licensing objectives. Each case will differ, and it will be up to the licensing authority to decide on the conditions such as the times that door staff must be in place following the consideration of relevant representations.
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