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, so long as a Personal Licence holder has authorised the sales. This does not apply to qualifying clubs or premises operating under a temporary event notice (TEN).
Applicants wishing to apply for a Personal Licence must apply to the local council in which they live, for example Herefordshire, though they are permitted to use the licence throughout England and Wales and not restricted to any one premises. The licence is valid indefinitely.
A licensed premises which sells or supplies alcohol needs a Designated Premises Supervisor(DPS).
There can only be one DPS per premises. The DPS takes responsibility for what happens at the premises, although does not need to be there at all times. The DPS must be in ‘day to day’ control of the premises
To be the DPS at a premises, you need to have a Personal Licence.
You will also need to have an accredited qualification to apply for a Personal Licence, as well as a basic disclosure certificate, to demonstrate you have no relevant offences. I teach the Personal Licence Holders’ one-day course. I can travel to your premises and deliver the course. Simply call me, Johnny Walker, for details on 07970 134 730. (7am to 10pm daily)
You need to apply for a Personal Licence from the licensing authority where you live, not where you work. If you live in the Herefordshire you need to apply to Herefordshire Licensing Authority, even if you work elsewhere.
You can have as many Personal Licence holders on one premises as you wish, providing there is only one designated premises supervisor. You can also choose to become a Personal Licence holder if you wish to apply for more than five TENs a year, but otherwise would not require one.
The requirement to renew Personal Licences issued under the Licensing Act 2003 has been abolished with effect from 1 April 2015.
While you no longer need to renew your Personal Licence, you should remember that all Personal Licence holders have a duty to tell the licensing authority that issued their licence if:
- you change your name or address
- you are convicted of any relevant offence, foreign offence, immigration offence or if you are required to pay an immigration penalty. You’ll need to give a notice containing details of the nature and date of the conviction and any sentence imposed
If you are charged with a relevant offence, you must produce your Personal Licence to the court. If that is not practical, you must tell the court that you have a Personal Licence, which licensing authority issued it, and why you can’t produce the Personal Licence. The court may order the forfeiture or suspension of your Personal Licence and will notify the licensing authority of this.
If you are convicted of a relevant offence, foreign offence or are required to pay an immigration penalty (and you have not appealed against the conviction) the licensing authority may suspend your Personal Licence for a period not exceeding six months, or, revoke your licence. If the licensing authority is considering suspending or revoking your Personal Licence you will be given notice of this and will be invited to make representations.
It is an offence to fail to notify the court or licensing authority of any of the above.
Need to know more about getting a Personal Licence in Herefordshire, Hereford, Ross on Wye, Bromyard, Monmouth, Redditch, Evesham or anywhere else in England and Wales? Call Johnny Walker on 07970 134 730. My advice is always free and totally without obligation, just call…….