Offences

The following table contains a list of offences that can be committed under the Licensing Act 2003.  Council or Police officers can prosecute persons for any of these offences.  Cases can be dealt with by way of a formal caution or in the Magistrates Court.  The Court may also order the forfeiture of a Personal Licence, or suspend it for up to six months.  If you are convicted of an offence, the Police may also raise objections to you holding a Personal Licence, and the Council can hold a hearing to consider whether your Personal Licence should be revoked.

Offence

Person who Commits the Offence

Defence to the Charge

Max Penalty

Premises Licences

Failing to notify the Council that you have changed your address

Premises Licence Holder

Reasonable excuse

£500

Failing to notify the Council that the Designated Premises Supervisor (DPS) has changed address (unless they have already notified us themselves)

Premises Licence Holder

Reasonable excuse

£500

Failing to give notice to a person who has or has not been replaced as a Designated Premises Supervisor

Premises Licence Holder

Reasonable excuse

£1000

Where the DPS has said he wishes to be removed from the licence (and is also the holder of the Premises Licence), failing to give his Licence to the Council or explain why he cannot do so

Premises Licence Holder/DPS

Reasonable excuse

£1000

Failing to tell the DPS that a licence or interim authority has been granted

Premises Licence Holder/Applicant

Reasonable excuse

£1000

Failing to tell the DPS that an application has been made to transfer the Premises Licence

Premises Licence Holder

Reasonable excuse

£1000

Failure to produce the Licence at the Council’s request within 14 days in the event of a determination notice, lapse etc.

Premises Licence Holder

Reasonable excuse

£500

Failing to keep and display a copy of the Premises Licence, or a summary of it

Premises Licence Holder

Reasonable excuse

£500

Qualifying Clubs

Failing to notify the Council of any alteration to the name, or the rules, of the Club

Secretary of the Club

No defence available

£500

Failing to notify the Council of cessation of authority to use the relevant registered address

Secretary of the Club

Reasonable excuse

£500

Failing to give the Council the Club Premises Certificate when required to do so for updating etc.

Secretary of the Club

Reasonable excuse

£500

Failing to keep the Certificate (or certified copy) on the premises in the custody of the “nominated person”

Secretary of the Club

Reasonable excuse

£500

Failing to ensure a summary of the Certificate (or a certified copy) AND a notice of the nominated person’s position is prominently displayed

The nominated person

Reasonable excuse

£500

Failing to produce the Certificate or certified copy when asked to do so by a constable or authorised person

Any person

Reasonable excuse

£500

Obstructing an authorised person or constable wishing to enter and inspect on application for grant, variation or review

Any person

No defence available

£500

Temporary Activities and Events

Obstructing an authorised officer from entering the premises to assess the impact on the crime prevention objective

Any person

Have to prove intention to commit offence

 

Failing to display the Temporary Event Notice, or keep it at the premises in the custody of the Premises User, or of his nominee (either of whom must be present) – the notice of nomination must be displayed

Premises user

Reasonable excuse

£500

Failing to produce the Temporary Event Notice to a constable or authorised officer

Premises user or the nominee

Reasonable excuse

£500

Personal Licences

Failing to notify the Council upon application for a grant or renewal of a relevant offence or foreign offence

Applicant

“as soon as is reasonably practicable”, reasonable excuse

£2,500

Failing to notify the Council of any change in name and address

Personal Licence Holder

“as soon as is reasonably practicable”, reasonable excuse

£500

Failing to produce or notify the Court of the Personal Licence when being dealt with for a relevant offence

Personal Licence Holder

“no later than his first appearance”; reasonable excuse

£500

Failing to notify the Council that you have been convicted of a relevant offence/foreign offence where the Court has not already done so

Personal Licence Holder

“as soon as reasonably practicable after the conviction”; reasonable excuse

£500

Failing to produce licence for updating to Council within 14 days of notice

Personal Licence Holder

Reasonable excuse

£500

Failing to produce Personal Licence for inspection by a constable or authorised officer

Personal Licence Holder

Reasonable excuse

£500

General Offences

Carrying on, or knowingly allowing the carrying on, of any licensable activities without a licence or Temporary Event Notice

Any person

Due diligence

Six months in prison and/or

£20,000

Unauthorised exposure of alcohol for sale by retail

Any person

Due diligence

Six months in prison and/or

£20,000/forfeiture

Possession of alcohol with intent to sell by retail or supply (in a qualifying club) where that would be unauthorised

Any person

Due diligence

£500/forfeiture

Knowingly allowing disorderly conduct on relevant premises

Any person working paid or unpaid who is authorised to prevent it; Premises Licence Holder; DPS; any member or officer of a qualifying club who is on the premises at the time in a capacity that enables him to prevent it; the Premises User for a Temporary Event Notice

No defence available

£1000

Knowingly selling or attempting to sell or supply alcohol to, or allowing alcohol to be sold to, someone who is drunk

As for disorderly conduct above

No defence available

£1000

On relevant premises, knowingly obtains alcohol for consumption on those premises for a person who is drunk

Any person

No defence available

£1000

When drunk or disorderly, failing to leave relevant premises when asked by a constable or other relevant person, or attempting to enter or re-enter having been asked not to

Person who is “drunk or disorderly”

Reasonable excuse

£200

Knowingly keeping or allowing to be kept, any goods on which duty has not been paid, or any other illegally imported goods, on relevant premises

As for disorderly conduct above

No defence available

£1000 plus forfeiture etc.

Sale of alcohol by retail on or from a vehicle that is not permanently or temporarily parked

Any person

Mistake, reliance on information given to him, act or omission of another, other cause beyond his control; took all reasonable precautions and exercised all due diligence

3 months in prison and/or £20,000

Knowingly selling or attempting to sell alcohol in contravention of a Magistrates Court order prohibiting the sale of alcohol on trains (this order can only be made on the application of a senior Police officer, and only if necessary to prevent disorder)

Any person

No defence available

3 months in prison and/or £20,000

Knowingly or recklessly making a false statement in, or in connection with, a licensing application

Any person

 

£5000

Allowing premises to be open where a review has been made and the licence has been revoked; until the time limit for appeal, or the appeal has been dealt with

Any person Reasonable excuse

3 months in prison and/or £20,000

Intentionally obstructing an authorised person wishing to enter the premises to see if a licensable activity is being carried on

Any person

 

£1000

Closure Order Offences

Knowingly keeping, or allowing to be kept open, premises subject to an “identified area” closure order.  A constable may use “such force as may be necessary for the purpose of closing the premises…”

Any manager, Premises Licence Holder, Designated Premises Supervisor or Premises User under a Temporary Event Notice

No defence available

£1000

Permitting relevant premises to be open in contravention of a closure order on identified premises

Any person

Reasonable excuse

3 months in prison and/or £20,000

Permitting relevant premises to be open in contravention of a Magistrates Court closure order

Any person

Reasonable excuse

3 months in prison and/or £20,000

Note: A constable may use such force as may be necessary to close premises so they comply with a Closure Order, but will not be liable for damages for act or omission, unless you can prove bad faith or a breach of section 6(1) of the Human Rights Act

     

Underage Offences

Knowingly allowing an unaccompanied child on premises exclusively or primarily being used for the supply of alcohol for consumption on the premises

As for disorderly conduct

Child was passing to/from another place where there is no other means of access or egress; due diligence if due to the act or default of another

£1000

Allowing an unaccompanied child to be on relevant premises between midnight and 5.00am when the premises are being used for the purpose of supplying alcohol for consumption there

As for disorderly conduct

Child was passing to/from another place where there is no other means of access or egress; due diligence if due to the act or default of another

£1000

Selling alcohol to a person aged under 18

Any person, a Club, or a person on behalf of a Club

(i) belief that person was over 18 AND either (a) had taken all steps to establish the age, i.e. was provided with evidence that would convince any reasonable person or (b) no reasonable person would have suspected person was under 18; (ii) due diligence where act or default of another

£5000

Knowingly allowing the sale or supply of alcohol on relevant premises to a person aged under 18

Any person who works at the premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which enabled him to prevent it

No defence available

£5000

Knowingly allowing alcohol to be supplied to, or to the order of, a Club Member who is under 18, or to the order of a Member, to someone under 18

Any person who works at the premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which enabled him to prevent it

No defence available

£5000

Sale or supply of liqueur confectionery to a child under 16

Any person, any person on behalf of a Club, a Club

As for selling alcohol to a person under 18 (but substitute 16 for 18)

£500

Attempting to buy alcohol when aged under 18 (unless sent by a constable or Trading Standards Officer)

Any person aged under 18

No defence available

£1000

Being supplied with alcohol by a Club you are a member of, by or on behalf of the Club, because of some act or default of yours, or attempting to have alcohol supplied to you or to your order by or on behalf of, the Club

Any person aged under 18

No defence available

£1000

Buying, or attempting to buy, alcohol on behalf of a person aged under 18

Any person

No reason to suspect person was under 18

£5000

Being a Club Member and making an arrangement for alcohol to be supplied to a person under 18, or attempting to make such arrangements

Any Club member

No reason to suspect person was under 18

£5000

Buying, or attempting to buy, alcohol for consumption on relevant premises by a person aged under 18; or having (by act or default) alcohol supplied to him or to his order, for consumption on the premises by a person aged under 18

Any person or Club member – but does not apply to a 16/17 year old drinking beer, wine or cider for consumption with a table meal on relevant premises when accompanied by a person aged over 18

No reason to suspect person was under 18

£5000

Knowingly consuming alcohol on relevant premises

Any person aged under 18 except exemption for 16/17 year olds as above

No defence available

£1000

Knowingly allowing consumption of alcohol on the premises by a person aged under 18

Any person who works at the premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which enabled him to prevent it

No defence available

£5000

Knowingly delivering alcohol sold or supplied on the premises to a person aged under 18 (also applies to Clubs)

Any person who works at the premises in any capacity, whether paid or unpaid

Delivering to the buyer’s home or work; where the underage person works at the premises in a capacity that involves alcohol delivery; or where the alcohol is sold for consumption on the premises

£5000

Knowingly allowing someone else to deliver alcohol sold on relevant premises to a person aged under 18

Any person who works at the premises, whether paid or unpaid, in a capacity that authorises him to prevent the delivery

As above

£5000

Knowingly allowing someone else to deliver alcohol sold on relevant premises to a person aged under 18 by or on behalf of a Club, or to the order of a Member

Any person who works at the premises in a capacity, paid or unpaid, which authorises him to prevent the supply, and any member or officer of the Club present at the time in a capacity that enables him to prevent it

As above

£5000

Knowingly sending a child to buy alcohol to be consumed off the relevant premises; supplying alcohol by or on behalf of a Club for the same reason (except where instructed by a constable or a Trading Standards Officer)

Any person

No defence available

£5000

Knowingly allowing a person aged under 18 to sell alcohol or supply alcohol on behalf of a Club, unless the sale or supply has been specifically approved by that person – does not apply where the alcohol is sold for consumption with a table meal in premises used for the service of table meals (or a part of the premises used for this), and where the premises are not used for the sale and supply of alcohol except to persons having table meals as an ancillary to eating

Premises Licence Holder; Designated Premises Supervisor; person aged over 18 authorised by a Premises Licence Holder or DPS; any member or officer of a Club where present in a capacity which authorises him to prevent the supply; a Premises User under a Temporary Event Notice or person aged over 18 authorise for this purpose by the Premises User

No defence available

£200

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