Licensing Act 2003
Licence - alcohol and entertainment - personal
A printable verison of these guidance notes is also
available:
Licensing Act 2003 Guidance – Personal Licences (PDF 90kb)
What is a Personal Licence?
All sales of alcohol must be made by, or under the authority of,
a Personal Licence Holder. Not everyone who makes a sale has
to hold a Personal Licence, as long as a Personal Licence Holder
has authorised the sale. This does not apply to Qualifying
Clubs or premises operating under a Temporary Event Notice
(TEN).
You must normally apply for your Personal Licence to the Council
in whose district you live.
You can have as many Personal Licence Holders on your premises
as you wish, providing there is only one Designated Premises
Supervisor (see below). You can also choose to become a
Personal Licence Holder if you wish to apply for more then five
Temporary Event Notices a year.
Top of page
What is a Designated Premises Supervisor?
All premises operating under a Premises Licence to sell or
supply alcohol must appoint a Designated Premises Supervisor (DPS)
for the premises. There can only be one DPS per
premises. The DPS will be held as the person in overall
charge of the premises. You should therefore choose this
person with care.
Applicants must nominate the DPS on their application
form. This person does not have to be on the premises at all
times, but they must take responsibility for what happens
there. This means the DPS should ensure any staff they
appoint are appropriately trained in the requirements of the
Licensing Act 2003 and of any specific conditions attached to the
Premises Licence.
A person cannot become a DPS unless he is also a Personal
Licence Holder.
Although qualifying clubs don’t need a DPS to sell alcohol to
members and their guests, this exemption does not apply if the
premises are hired out for wedding receptions and the like.
You need a full Premises Licence for these activities (unless you
are only holding a small number of events, which you can hold under
a TEN) and therefore need to appoint a DPS.
Top of page
Application for a Personal Licence
The new applicant must be over 18 and hold a Licensing
Qualification that has been accredited by the Secretary of State,
or provide proof that they are a person of prescribed
description.
The application must be submitted to the Licensing Authority at
the following address:
Licensing Team
9-10 Bath Street
Bath
BA1 1SN
Your application must include ALL of the following:
- Completed Application for a Personal Licence form (Schedule
1).
- Completed Disclosure of Convictions and Declaration form.
This form is a declaration as set out in Schedule 3, that
either he has not been convicted of a relevant offence or a
foreign offence or that he has been convicted of a relevant offence
or a foreign offence accompanied by details of the nature and date
of the conviction and any sentence imposed on him in respect of it
(see Appendix A - Offences). A relevant/foreign
offence that is spent within the terms of the Rehabilitation of
Offenders Act 1974 need not be declared. Further information on
spent and unspent convictions, (see Appendix B
- Spent Convictions).
- A Police Check Certificate which should be in one of the
following forms:
(i) a criminal conviction certificate issued under section
112 of the Police Act 1997(a);
(ii) a criminal record certificate issued under section 113A
of the Police Act 1997; or
(iii) the results of a subject access search under the Data
Protection Act 1998(b) of the Police National Computer by the
National Identification Service.
In any case such certificate of search results shall be issued no
earlier than one calendar month before the giving of the
application to the relevant licensing authority.
A Subject Access Search form can be obtained from the local police
station. Alternatively a basic disclosure can be
applied for online at www.disclosurescotland.co.uk/basic.htm
or telephone 0870 609 6006.
Further information can be obtained by calling the Data Protection
Unit on 0845 4567 000.
If there are relevant offences, the Police can make a
representation against the application on crime prevention grounds.
If the police make a representation then there will be a hearing of
the application.
- The original or a certified copy of the Licensing
Qualification.
The approved licensing qualification is the National Certificate
for Personal Licence Holders. Further information can
be obtained from the BII (British Institute of Innkeeping) on 01276
684449 or www.biiab.org.
- Two photographs which shall be:
(i) taken against a light background so that the applicant’s
features are distinguishable and contrast against the
background;
(ii) 45 millimetres by 35 millimetres;
(iii) full face uncovered and without sunglasses and,
unless the applicant wears a head covering due to his religious
beliefs, without a head covering;
(iv) on photographic paper; and
(v) one of which is endorsed with a statement verifying
the likeness of the photograph to the applicant by a solicitor,
notary, a person of standing in the community or any individual
with a professional qualification.
- The fee of £37 made payable to Bath & North East Somerset
Council.
Top of page
Submission of Applications
1 An application shall be given in writing.
2 Notwithstanding the requirement in paragraph 1
above and subject to paragraph 3 below, that requirement shall be
satisfied in a case where:
(a) The text of the
application:
(i) is transmitted by electronic means;
(ii) is capable of being accessed by the recipient;
(iii) is legible in all material respects; and
(iv) is capable of being read and reproduced in legible
written form and used for subsequent reference;
(b) the person to whom the application is to be given has
agreed in advance that an application may be given to them by those
means; and
(c) forthwith on sending the text of the application
by electronic means, the application is given to the recipient in
writing.
3 Where the text of the application is transmitted by
electronic means, the giving of the application shall be effected
at the time the requirements of paragraph 2 (a) are satisfied,
provided that where any application is required to be accompanied
by a fee, or any document that application shall not be treated as
given until the fee or document has been received by the relevant
licensing authority.
This information has been made as comprehensive as
possible. However, in attempting to simplify the law, certain
requirements have been omitted. Full details of what you must
do are in the legislation itself.
Laws can and do change. This information was accurate when
produced, but may have changed since. We must advise that
only the Courts can give an authoritative opinion on statute
law.
Top of page
Meaning of "relevant offence" and "foreign offence"
1 In this Part "relevant offence" means an offence
listed in Schedule 4.
2 The Secretary of State may by order amend that list
so as to add, modify or omit any entry.
3 In this Part "foreign offence" means an offence
(other than a relevant offence) under the law of any place outside
England and Wales.
Personal Licence: Relevant Offences
Schedule 4 Section 113
1 An offence under this Act.
2 An offence under any of the following
enactments:
(a) Schedule 12 to the London Government Act 1963 (c.
33) (public entertainment licensing);
(b) the Licensing Act 1964 (c. 26);
(c) the Private Places of Entertainment (Licensing) Act
1967 (c. 19);
(d) section 13 of the Theatres Act 1968 (c. 54);
(e) the Late Night Refreshment Houses Act 1969 (c.
53);
(f) section 6 of, or Schedule 1 to, the Local Government
(Miscellaneous Provisions) Act 1982 (c. 30);
(g) the Licensing (Occasional Permissions) Act 1983 (c.
24);
(h) the Cinemas Act 1985 (c. 13);
(i) the London Local Authorities Act 1990 (c. vii).
3 An offence under the Firearms Act 1968 (c. 27).
4 An offence under section 1 of the Trade
Descriptions Act 1968 (c. 29) (false trade description of goods) in
circumstances where the goods in question are or include
alcohol.
5 An offence under any of the following provisions of
the Theft Act 1968 (c. 60):
(a) section 1 (theft);
(b) section 8 (robbery);
(c) section 9 (burglary);
(d) section 10 (aggravated burglary);
(e) section 11 (removal of articles from places open to
the public);
(f) section 12A (aggravated vehicle-taking), in
circumstances where subsection (2)(b) of that section applies and
the accident caused the death of any person;
(g) section 13 (abstracting of electricity);
(h) section 15 (obtaining property by deception);
(i) section 15A (obtaining a money transfer by
deception);
(j) section 16 (obtaining pecuniary advantage by
deception);
(k) section 17 (false accounting);
(l) section 19 (false statements by company directors
etc.);
(m) section 20 (suppression, etc. of documents);
(n) section 21 (blackmail);
(o) section 22 (handling stolen goods);
(p) section 24A (dishonestly retaining a wrongful
credit);
(q) section 25 (going equipped for stealing etc.).
6 An offence under section 7(2) of the Gaming Act
1968 (c. 65) (allowing child to take part in gaming on premises
licensed for the sale of alcohol).
7 An offence under any of the following provisions of
the Misuse of Drugs Act 1971 (c. 38):
(a) section 4(2) (production of a controlled
drug);
(b) section 4(3) (supply of a controlled drug);
(c) section 5(3) (possession of a controlled drug with
intent to supply);
(d) section 8 (permitting activities to take place on
premises).
8 An offence under either of the following provisions
of the Theft Act 1978 (c. 31):
(a) section 1 (obtaining services by
deception);
(b) section 2 (evasion of liability by deception).
9 An offence under either of the following provisions
of the Customs and Excise Management Act 1979 (c. 2):
(a) section 170 (disregarding subsection (1)(a))
(fraudulent evasion of duty etc.);
(b) section 170B (taking preparatory steps for
evasion of duty).
10 An offence under either of the following
provisions of the Tobacco Products Duty Act 1979 (c. 7):
(a) section 8G (possession and sale of unmarked
tobacco);
(b) section 8H (use of premises for sale of unmarked
tobacco).
11 An offence under the Forgery and Counterfeiting
Act 1981 (c. 45) (other than an offence under section 18 or 19 of
that Act).
12 An offence under the Firearms (Amendment) Act 1988
(c. 45).
13 An offence under any of the following provisions
of the Copyright, Designs and Patents Act 1988 (c. 48):
(a) section 107(1)(d)(iii) (public exhibition in the
course of a business of article infringing copyright);
(b) section 107(3) (infringement of copyright by public
performance of work etc.);
(c) section 198(2) (broadcast etc. of recording of
performance made without sufficient consent);
(d) section 297(1) (fraudulent reception of
transmission);
(e) Section 297A(1) (supply etc. of unauthorised
decoder).
14 An offence under any of the following provisions
of the Road Traffic Act 1988 (c. 52):
(a) section 3A (causing death by careless driving
while under the influence of drink or drugs);
(b) section 4 (driving etc. a vehicle when under the
influence of drink or drugs);
(c) section 5 (driving etc. a vehicle with alcohol
concentration above prescribed limit).
15 An offence under either of the following
provisions of the Food Safety Act 1990 (c. 16) in circumstances
where the food in question is or includes alcohol:
(a) section 14 (selling food or drink not of the
nature, substance or quality demanded);
(b) section 15 (falsely describing or presenting food or
drink).
16 An offence under section 92(1) or (2) of the Trade
Marks Act 1994 (c. 26) unauthorised use of trade mark, etc. in
relation to goods) in circumstances where the goods in question are
or include alcohol.
17 An offence under the Firearms (Amendment) Act 1997
(c. 5).
18 A sexual offence, within the meaning of section
161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c.
6).
19 A violent offence, within the meaning of section
161(3) of that Act.
20 An offence under section 3 of the Private Security
Industry Act 2001 (c. 12) (engaging in certain
activities relating to security without a licence).
Top of page
For the purposes of this Part a conviction for a relevant
offence or a foreign offence must be disregarded if it is spent for
the purposes of the Rehabilitation of Offenders Act 1974.
Summary of Rehabilitation of Offenders Act 1974 (see Act for
full details)
Sentence |
Becomes Spent After |
|
*Imprisonment of between 6 months and 2½ years |
10 years |
|
*Imprisonment or youth custody of up to 6 months. |
7 years |
|
Borstal training |
7 years |
|
*A fine or other sentence not otherwise covered in this
table. |
5 years |
|
For an absolute discharge |
6 months |
|
For a probation order
|
5 years or 2½ years, if under 18 years of age at the time of
conviction, or until the order expires (whichever is the
longer) |
|
Conditional discharge or bind over. |
1 year (or until Order expires, whichever is the
longer). |
|
Disqualification (Driving) |
For period of disqualification. |
|
Remand Home, Attendance Centre or Approved School Order |
Period of the Order and a further year after the Order
expires. |
|
Hospital Order under the Mental Health Act |
Period of the Order and a further 2 years after it
expires. |
|
*Cashiering, discharge with ignominy or dismissal from the Armed
Forces. |
10 years |
|
*Dismissal from the Armed Forces |
7 years |
|
*Detention by the Armed Forces |
5 years |
| Detention by direction of the Home Secretary: |
|
|
For a period exceeding 6 months but not exceeding 30 months
(Armed Forces); |
5 years |
|
Detention of less than 6 months. |
3 years |
Notes:
(i) A sentence of more than 2½ years imprisonment can
never become spent
(ii) If you were under 18 years of age on the date of
conviction, please halve the period in the right hand column for
the sentences marked with an *.
Top of page
