Personal Licences – Renew? or Not to Renew?......... that is the question!

 

Just so that you are aware, the abolition of the requirement to renew a personal licence after 10 years forms part of the Deregulation Bill currently going through Parliament.  It is expected to receive Royal Assent in Spring 2015.

 

For some, this means their personal licence will expire before the requirement to renew has been abolished.  For those affected, the Home Office is proposing they make a simple application to the Licensing Authority.  Early indication is that no fee will be charged for this interim application, and we have been advised there will be no requirement for photographs or CRB certificates to accompany it.  There will still be however, the requirement for the personal licence holder to notify the Licensing Authority of relevant or foreign offences.
A completed application form will have to be submitted to the Licensing Authority no later than one month before the personal licence is due to expire. It is uncertain whether the existing personal licence will need to be submitted with it.

 

Please note:  these forms cannot be produced until secondary legislation has been approved, therefore we are unable to provide access to them at this moment in time – on the bright side, it would appear at first sight that the majority of personal licences issued by B&NES will expire in 2015 when, all being well, the renewal process would have been abolished.

 

If you have any questions please contact the licensing team.

Licence

Personal Licence

Summary

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 may decide to become a Personal Licence Holder if you want to apply for more than five TENs a year.

You must normally apply for your Personal Licence to the Council in whose district you live.  If you do not live in the United Kingdom, you can apply to any Council that issues Personal Licences.

Fee

£37

Other fees include:

  • £10.50 for replacement of licence due to theft, loss etc.
  • £10.50 for replacement of licence due to change of name or address

A full list of Licensing Act 2003 fees can be found on our fees and charges webpage.

You may pay in person or over the phone (01225 477531) using a credit or debit card.  Please note that although there will be no charge for debit cards, there will be an additional charge of 2.5 % for credit card payments.  You may also pay by cheque (made payable to "B&NES Council").

Application Form

An online application form is currently being developed.

The Home Office has provided the following forms in MS Word format:

Please contact Licensing Services if you would like us to send you any of these forms.

Eligibility Criteria 

You can apply for a Personal Licence if you:

  • are aged 18 or over
  • have not forfeited a Personal Licence in the past five years
  • have obtained a current criminal records check
  • have obtained the relevant licensing qualification*

    *This requirement can be waived if you are a person of prescribed description under s.120(2)(b) Licensing Act 2003.  This includes, for example, a person operating a premises under a licence granted by the Board of Green Cloth.

Application

Process

Applications must be in a specific format and be accompanied by all of the following:

1.  The fee.

2.  A completed Disclosure of Convictions and Declaration form. 

This form is a declaration that you have not been convicted of a relevant offence or a foreign offence, or, if you have been convicted of a relevant/foreign offence, gives details of the nature and date of the conviction and any sentence imposed.  A relevant/foreign offence that is spent within the terms of the Rehabilitation of Offenders Act 1974 need not be declared.

3.  One of the following Criminal Records Certificates:

The certificate must be dated no earlier than one calendar month before your application is received by Licensing Services.

4.  The original or a certified copy of the Level 2 National Certificate for Personal Licence Holders.

This qualification can be obtained from any of the following providers:

5. Two photographs

These must be:

  • Taken against a light background so that the applicant’s features are distinguishable and contrast against the background.
  • 45 millimetres by 35 millimetres.
  • Full face uncovered and without sunglasses and, unless the applicant wears a head covering due to their religious beliefs, without a head covering.
  • On photographic paper.

One of these photographs must be 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.

Consultation 

There is no consultation process.

However, if you have an unspent conviction for a relevant or foreign offence, we will notify the Police that you have applied for a Personal Licence.  They will have 14 days to object to the application.

If they believe the granting of a Personal Licence will undermine the crime prevention objective, they can make an objection against the application.

Objections 

If we receive an objection from the Police, we will arrange a hearing with the Licensing Sub Committee, who will decide whether to grant the Personal Licence.

Evaluation

If the application is valid, and you do not have any unspent convictions for a relevant or foreign offence, we will issue your Personal Licence.

Tacit Consent 

Tacit consent applies.  This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the 60 day target completion period.

Right of Appeal 

Please contact Licensing Services in the first instance.

Conditions 

 No conditions are attached to the Personal Licence.

Validity/Renewals 

A Personal Licence is valid for 10 years from the date it is issued and is portable throughout England and Wales. 

Guidance 

Personal Licence holders should read the attached documents:

Further guidance are available on our webpage at:

You should also have regard to the Council's Statement of Licensing Policy when making an application.

 

Further guidance is available on the Government's GOV.UK website.

 

Please contact Licensing Services for further guidance.

Relevant Legislation 

Trade Associations 

Customer Complaints 

If you believe a person is selling alcohol without holding a Personal Licence, or without the authorisation of a Personal Licence holder, please contact Licensing Services

Further Information 

For further information and guidance please phone Licensing Services on 01225 477531 or email licensing@bathnes.gov.uk.

Additional contact details.

 

National Fraud Initiative

This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided on this form within this authority for the prevention and detection of fraud.  It may also share this information with other bodies administering or in receipt of public funds solely for these purposes.  For further information see the Council website and look for the National Fraud Initiative under the A-Z or contact the Information and Governance Team, Guildhall, High St, Bath BA1 5AW email information_governance@bathnes.gov.uk

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