Who can apply for a premises licence?
The principal category of those who can apply for a premises licence is anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or business. Recognised clubs, charities, a proprietor of educational establishments, health service bodies and a chief officer of police may also apply for a premises licence.
How do I apply for a premises licence?
An application for a premises licence must be made to the relevant licensing authority, that is, the authority within whose area the premises is situated. To make an application you must submit: a completed application form; an operating schedule; a plan of the premises in the prescribed form; and if the application requests the authorisation to supply alcohol, a form containing the consent of the proposed designated premises supervisor in the prescribed form.
What is an operating schedule?
The operating schedule is a document 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: the licensable activities to be carried out; the proposed hours that the relevant licensable activities are to take place; the proposed hours that the premises are to be open to the public; the duration of the licence (if it is to have a fixed term); details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol; where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises; and a statement of the steps the applicant proposes to take to promote the licensing objectives (for example, the arrangements for door security to prevent crime and disorder).
Will there be a standard form for an operating schedule or will operators have to draft these documents?
Regulations made by the Secretary of State set out the prescribed operating schedule. However, as each premises and use of premises for licensable activities will present their own different features, the examples can only offer helpful illustrations to would-be applicants.
What scale does a premises licence plan have to be drawn to?
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 to it, the plan should be drawn in standard scale, where 1 millemetre represents 100 millimetres. Regulations made by the Secretary of State set out what the plans need to show.
How long is a premises licence valid?
A premises licence has effect until the licence is revoked, suspended or surrendered. This means it is not time-limited (unless the applicant specifically requests this for example for a music festival)
Why should you apply for a premises licence?
If you carry out a licensable activity without a premises licence you will be breaking the law.
What is a designated premises supervisor (DPS)?
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.
Can there be more than one designated premises supervisor (DPS) at the same premises?
The Act specifies that there may only be one DPS for any premises.
Will alcohol wholesalers require a licence to trade?
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.
Should a licensed premises have more than one personal licence holder?
Most premises have more than one personal licence holder to ensure that alcohol is retailed within the law. Many premises only have personal licence holders selling alcohol.
How do I qualify for a personal licence?
You must be aged 18 or over; have an accredited licensing qualification,(we recommend the BIIAB Award for Personal Licence Holders) have not forfeited a personal licence within the preceding five years; have no unspent conviction(s) for a `relevant´ or `foreign´ offence committed in this country or abroad have a Criminal Record Bureau (CRB), conviction certificate
What is the meaning of the term 'relevant offence'?
Relevant offence' refers to the offences listed in the Act 2003 that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned. The offences include: those involving serious crime; those involving serious dishonesty; those involving controlled drugs; certain sexual offences; and offences created by the Act. The full list of relevant offences can be found in Schedule 4 to 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.
How do 'foreign offences' differ from relevant offences?
Relevant offences mean those offences listed in Schedule 4 to the Act. 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.
How will licensing authorities check relevant and foreign offence records?
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. 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.
What is an accredited qualification?
An accredited qualification is a personal licence holder qualification such as the BIIAB Award for Personal Licence Holders.
How do I get a BIIAB APLH?
You can sit a one day course at any of our training centres throughout the UK.
How much does the APLH course cost?
The cost of the course and the exam is £150 plus vat. A discount is available if you book through this site as part of a course and application service using our discount code PLAS2012, when purchasing with a Personal Licence Application.
Are there any hidden costs?
NO. The cost includes your course tuition, examination fee, BIIAB certificate, lunch, refreshments and six months membership to the BII.
What is the application process for a personal licence?
The applicant must submit an application form to the relevant licensing authority as provided for in Part 6 of the Act. 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. The Secretary of State has made regulations under the Licensing Act 2003, which set out the format for a personal licence. 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.
How much will I have to pay for the personal licence application service?
£135 which includes your CRB check and council licence fee
Do I need to have my Personal Licence with me when I'm selling alcohol?
You should have your Personal Licence with you whenever you are authorising sales of alcohol. Police officers and authorised council officers can ask to inspect your licence, and it is an offence not to be able to produce your licence when asked to do so. Personal Licences consist of two parts - a photocard and a paper counterpart. We recommend that you should always keep the photocard with you, and that the counterpart should be kept in a safe place at the premises where you work, where it can be accessed if required.
I have previously been convicted of an offence. Can I still apply for a Personal Licence?
Authorities only take certain convictions into account when considering Personal Licence applications, for specific offences known as 'relevant offences'. Please see the list of relevant offences for further details. Authorities will also disregard prior convictions if they are considered to be spent, in accordance with the Rehabilitation of Offenders Act 1974. If you have an unspent conviction for a relevant offence, you may still apply for a Personal Licence. In these circumstances, Authorities are required to consult with the police before we determine an application, and if an objection is received, your application would be referred to a Licensing Sub-Committee hearing to be considered further. You would be invited to attend the hearing and address the Committee as part of this process.
When making a Personal Licence application, who can endorse the photographs to say that they are a true likeness of me?
One of the two photographs that you submit should be marked on the back with a sentence along the lines of 'This photograph is a true likeness of ...' followed by your name. This endorsement can be made by: a solicitor a notary a person of standing within the community (for example, a religious leader, a doctor, a police officer, a teacher) an individual with a professional qualification (for example, an accountant, an architect, an engineer, a registered financial advisor, a company/charity director) Please ensure that the endorser signs the photo, prints their name and gives details of their job title or qualification.
How long does a personal licence last?
What happens if I move home?
If you move or change your name you have to let the local authority know otherwise you will be committing an offence.
What is a Designated Premises Supervisor (DPS?)
A Designated Premises Supervisor (DPS) is the person named on the premises licence (not necessarily the holder of the premises licence) who is responsible for authorising all sale or supply of alcohol at the premises. This person will normally be the person responsible for the day to day running of the premises. A DPS must hold a personal licence.
Does the DPS need to be on the premises when alcohol is being served?
A Designated Premises Supervisor (DPS) is the person named on the premises licence (not necessarily the holder of the premises licence) who is responsible for authorising all sale or supply of alcohol at the premises. This person will normally be the person responsible for the day to day running of the premises. A DPS must hold a personal licence.
Who can object to a personal licence application?
Only the police can object and only then if they feel that granting the licence would undermine the crime prevention objective in the Act. In such a case the police must give the authority an objection notice within 28 days. A hearing must then be held within 20 working days. A licensing committee will then decide your application at a hearing.
What happens if there are no objections?
If there are no objections and the applicant fulfils the application criteria, the application will be granted.
What’s the difference between a Personal and a Premises Licence?
A personal licence is granted to an individual, enabling that person to authorise alcohol sales from licensed premises. A premises licence allows licensable activities, including the sale of alcohol, to take place from a particular premises.