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To qualify for a personal licence the applicant must fulfil the following criteria. The licensing authority must grant the licence if:
- the applicant is aged 18 or over
- entitled to work in the United Kingdom
- no personal licence held by him has been forfeited within the period of five years before making the application
- he possesses an accredited licensing qualification, or is a person of prescribed description
- he has not been convicted of any relevant or foreign offence
If the applicant fulfils all these criteria, the Personal Licence will be granted. If any of the first three criteria are not met, the licensing authority must reject the application. The licensing authority must notify the chief officer of police for its area if it appears that an applicant has been convicted of any relevant or foreign offence, as set out above.
The requirement to renew Personal Licences issued under the Licensing Act 2003 has been abolished with effect from 1 April 2015. This means that if you have not already applied to renew your licence with Hereford licensing authority and it was due for renewal after the 1 April 2015 you need not do so now as it will no longer have an expiry date.
All licences issued after that date will be issued without an expiry date but as a matter of routine, licensing authorities will not be reissuing existing personal licences to show no expiry date.
While you no longer need to renew your licence you should remember that all Personal Licence holders have a duty to tell the licensing authority that issued their licence of any changes to their name and address or if they are convicted of any relevant or foreign offences or, are required to pay an immigration penalty.
‘Relevant offence’ refers to the offences listed in the Act that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned. The offences include:
- those involving serious crime
- those involving serious dishonesty
- those involving controlled drugs
- certain sexual offences
- offences created by the Act.
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, who the issuing authority is, and why you cannot produce the licence. Failure to produce, or notify the court about your licence, without reasonable excuse, is an offence under section 128 of the Act. The sentence on conviction of this offence is a fine of up to £500, and could result in the forfeiture or suspension of the licence.
If you are convicted of any relevant offence, foreign offence, or are required to pay an immigration penalty you must, as soon as reasonably practicable, inform the licensing authority who issued your personal licence of this and give them a notice containing details of the nature and date of the conviction and any sentence imposed.
The licensing authority may, in these circumstances, suspend your licence for a period not exceeding six months or, revoke your licence.
Similarly it is an offence to fail to tell the licensing authority that issued the licence of all changes of name and address of the licence holder.
Please be aware that if your Personal Licence was issued after the 6 April 2017 it will lapse if you cease to be entitled to work in the UK.