There are a swathe of different types of alcohol licences and qualifications that are required in order to operate a business selling alcohol.
Keeping your licences up to date is not only good practice, but it can ensure that you are able to demonstrate to the Licensing Authority that you are committed to adhering to policy and reduce the chance of your licence being revoked or having conditions added.
Personal Licences
Personal Licences, as the name suggests, are held by the individual. Personal Licences no longer need to be renewed. If your Personal Licence is revoked, you may need to reapply depending on the circumstances of revocation.
Your licence may be revoked if you are convicted of a “relevant offence” and you must notify the Licensing Authority if you are convicted of such. A relevant offence can be any offence under:
- The Fraud Act 2006
- The Theft Act 1968
- The Licensing Act 2003
- And many more.
If you are unsure if you have committed a relevant offence, it is important that you understand your responsibilities and consequences.
If you change your name or address you must notify the Licensing Authority that issued the licence as soon as reasonably practicable. Failure to do so without a reasonable excuse could not only lead to revocation, but you could also be committing an offence under the Licensing Act 2003 and be liable for a fine of up to £500. Holding a Personal Licence makes you eligible to be the Designated Premises Supervisor for a Premises Licence (see below).
It is important to note that updating your name or address on your Personal Licence will not necessarily update the details on the Premises Licence if you are the Designated Premises Supervisor. It is always good practice to ensure you check with your Licensing Authority that this has been updated at the same time or request that a new licence is produced.
If your Personal Licence was granted in the same authority as the Premises Licence, then you may not need to notify again – but be warned that local authorities do not regularly update others with changes to their licence holder details.
Premises Licence
The Premises Licence is attached to the property itself and may be held by an individual, a limited company, a recognised club, or a charity (non-exhaustive list).
As above with a Personal Licence, the Premises Licence holder must inform the Licensing Authority as soon as reasonably practicable of any changes to the name or address of the licence holder, and as to any changes of details to the Designated Premises Supervisor. Again – failure to do so could lead to the licence holder committing an offence under the Licensing Act 2003.
Runaway Designated Premises Supervisor?
A Designated Premises Supervisor who wishes to no longer hold such a role may give a Notice to the Licensing Authority under S41 of the Licensing Act 2003 to remove them. Failure to do so will result in the DPS committing an offence – in practice however an outgoing DPS may not consider their requirement to notify the authority or may leave the business abruptly.
If this happens, the Premises Licence Holder should immediately notify the Licensing Authority and take steps to ensure an application to Vary the DPS is made as a matter of urgency. Considering this, it would be prudent for businesses to ensure that there is always more than one person that holds a personal licence that can step in to be DPS at short notice.
Keeping your records up to date is essential when running a business in the alcohol industry. A restriction or revocation of your licence can bring business to a halt – and the delay could be fatal for the business.
At Dyne Solicitors, we can help you navigate the complexities of Alcohol Licensing. For more information, please contact Patrik Jones-Wright or Alex Sandland.