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Under the Licensing Act 2003, alcohol can only be sold or supplied at licensed premises if there is a Designated Premises Supervisor (DPS) for those premises.
The Designated Premises Supervisor must hold a Personal Licence under the Act. The DPS will be the person running the premises on a day-to-day basis where alcohol is sold.
The need for a DPS it is also a requirement of the Act that every supply of alcohol in licensed premises (other than clubs) must be made or authorised by a person who holds a Personal Licence.
The effect of the above provisions is that all licensed premises, which are licensed to sell or supply alcohol, must have at least one personal licence holder. Whilst there is no restriction on the number of Personal Licence holders that any one premises can have, there is no need for all staff who selling alcohol to hold Personal Licences.
For an application for a Personal Licence to be lawful and valid, it must be made by someone who is over the age of 18, and, if they are living in the UK, they must be entitled to be in the UK and to work in a licensable activity.
If your application is in order and you fulfil the relevant criteria for the grant of a Personal Licence and have no relevant criminal convictions or civil immigration penalties, the local licensing authority must grant your application
If you have a relevant criminal conviction and the police object to the application then the licensing authority will hold a hearing to consider the objection. You will be entitled to attend the hearing and make representations.
When an applicant declares that they have been required to pay an immigration penalty or convicted of an immigration offence, or a foreign offence comparable to an immigration offence, then the licensing authority is required to notify the Home Office (Immigration Enforcement). The Home Office may object to an application on the grounds that granting the Personal Licence would be prejudicial to the prevention of illegal working in licensed premises. As with the objections from the police, the applicant is entitled to a hearing if the Home Office (Immigration Enforcement) objects to an application.
Personal Licences remain valid unless surrendered, suspended, revoked or forfeited by an order of the court. A Personal Licence also ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.
The requirement to renew a personal licence was removed from the Licensing Act 2003 by the Deregulation Act 2015 which came into effect on 1 April 2015. Personal licences issued before 1 April 2015, which have an expiry date will now remain valid regardless.
Once granted, the licensing authority which issued the Personal Licence remains the ‘relevant licensing authority’ even though an individual may move out of the area or take up employment elsewhere.
The Licensing Act 2003 places the Personal Licence holder under a duty to notify the licensing authority of changes in their personal circumstances. In the event of a change of name or address, the licence holder should serve notice on the licensing authority, the notice to be accompanied by the Personal Licence and the fee of £10.50.
The holder of a Personal Licence is also under a duty to notify the licensing authority if he or she is convicted of a relevant offence, foreign offence or immigration penalty. The notification should be accompanied by the Personal Licence. No fee is payable.
Call me, Johnny Walker on 07970 134 730, if you need any advice on how to obtain a Personal Licence without all the fuss and bother. My advice is always free and totally without any obligation. Just call and I’ll explain everything you need to do. Cheers for now.