Q+A PERSONAL LICENCE HEREFORD ROSS ON WYE HEREFORDSHIRE

Hello Herefordshire……. Looking for a Personal Licence course to suit your diary in Hereford, Ross on Wye, Leominster, Ledbury or Bromyard? Call me, Johnny Walker on 07970 134 730. My advice is free and without obligation.

Every premises licensed to sell or supply alcohol in Herefordshire must have a DPS (designated premises supervisor) named on the premises licence.

A DPS must hold a Personal Licence and they will be responsible for authorising the sale or supply of alcohol. It’s not necessary for everyone who sells alcohol at licensed premises in Herefordshire to hold a Personal Licence.

Before applying for a Personal Licence you need to obtain a relevant qualification to ensure you have a good understanding of the Licensing Act 2003 and the responsibilities involved when selling alcohol. My name is Johnny Walker and I deliver the Highfield Awarding Body for Compliance Personal Licence course in Hereford, Gloucester, Ross on Wye, Newport, Witney, Alcester, Redditch, Monmouth, Evesham and throughout England and Wales. Just call Johnny Walker on 07970 134 730.

You can also choose to become a Personal Licence holder if you want to apply for more than five TENs (temporary event notices) a year.

You can only apply for a Personal Licence to the council of the area you live in and must be 18 or older.

All sales of alcohol must be made by, or under the authority of, a Personal Licence holder. Though this does not apply to qualifying Clubs or Premises operating under a Temporary Event Notice.

Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sales.

This Personal Licence is obtained independently of the Premises Licence. Following the grant of a Personal Licence it is valid anywhere in Herefordshire and throughout England and Wales, unless it has been revoked in court. The Personal Licence issued by Herefordshire Licensing Authority remains valid indefinitely and any changes must be notified to the original Licensing Authority.

This is what you need to do:

complete the application form
complete the criminal disclosure form
provide your original Highfield ABC qualification certificate
provide a DBS basic check or subject access search, less than one month old
provide 2 passport size photographs of yourself , one endorsed as a true likeness
provide copies of documents demonstrating your right to work in the UK
enclose relevant fee
if the police object to your application on the basis of preventing crime, they must serve an objection notice to the council within 14 days. If they don’t object or withdraw their objection and the application meets all the requirements, then the Personal Licence must be granted
if the police do object, the licensing sub committe must hold a hearing to consider the matter, unless all parties agree it is not necessary.
Do all alcohol serving staff need a personal licence?
No, the only person at alcohol-serving premises who must have a Personal Licence is the Designated Premises Supervisor (DPS). However, it would be advisable for each premises to have at least one other Personal Licence holder in the case of accident or prolonged absence of the DPS at all times.
What is a Designated Premises Supervisor?
All premises operating under a Premises Licence to sell or supply alcohol must appoint a Designated Premises Supervisor (DPS) for the premises. Any premises where alcohol is supplied under a Premises Licence must have a DPS. They will be named in the Premises Licence, a summary of which must be displayed on the premises. The DPS will be singularly responsible for the running of the premises. You should therefore choose this person with care.
Applicants for a premises licence must nominate the DPS on their application form. This person does not have to be on the premises at all times, but they must take responsibility for what happens there. This means the DPS should ensure any staff they appoint are appropriately trained in the requirements of the Licensing Act 2003 and of any specific conditions attached to the Premises Licence. A person cannot become a DPS unless he is also a Personal Licence Holder.

Does the Designated Premises Supervisor (DPS) have to be on the premises at all times when alcohol is being sold?
No, in some cases this will not physically be possible. However, it will be expected that the DPS will spend a significant amount of time on the premises. It is essential that the DPS is contactable at all times, particularly when problems arise on the premises.The Act and Guidance requires DPS’s and Personal Licence Holders to have responsibility for the sale and supply of alcohol because of its impact on the wider community, crime and disorder and anti-social behaviour. As this carries greater responsibility than that which is associated with the provision of regulated entertainment and late night refreshment it is expected that more rigorous stringent controls are in place. A Personal Licence holder can supervise the sale of and authorise such sales and supplies. Any premises at which alcohol is sold or supplied may employ more than one Personal Licence holder. For example, there may be members of staff who hold Personal Licences as well as the owner or senior manager.

Can anyone object to a person who is specified as a Designated Premises Supervisor (DPS)?
Only the Chief Officer of Police will be able to make representations about the specification of any DPS if he feels, in the exceptional circumstances of the case, that the crime prevention objective could be undermined by that specification. This could include fears that the DPS would not be able to fulfil the responsibilities in respect of the crime prevention objective for more than one premises at the same time. Where the Chief Officer of Police makes representations about the DPS, the Licensing Authority must hold a hearing to consider them (unless all parties agree that this is unnecessary). As a result of the consideration of the representations, the Licensing Authority may refuse to specify the DPS if it considers it necessary for the promotion of the crime prevention objective to do so.
Can there be more than one designated premises supervisor (DPS) at the same premises?
The Act and Guidance specifies that there may only be one DPS for any premises.

What happens if the designated premises supervisor (DPS) leaves his employment, notifies the Licensing Authority, but does not tell the Premises Licence Holder?

The DPS must inform the relevant Licensing Authority if he or she wishes to be removed as DPS. Within 48 hours of the Notice being given to the Licensing Authority, the individual must also give the Premises Licence Holder a copy of the Notice sent to the Licensing Authority. The DPS must also send a Notice directing the Licence Holder to send the Premises Licence to the relevant Licensing Authority. If that is not practicable, a statement of the reasons for the failure to provide the licence within 14 days of receiving the Notice should be issued to the Licensing Authority.
If the holder fails to comply with the direction he/she will commit an offence.

Can I be a Designated Premises Supervisor (DPS) at more than one premises at the same time?

Yes. The only requirement for being a DPS is that the individual concerned must be the holder of a Personal Licence. This ensures that where the activities concern the supply of alcohol, there is a person who supervises the premises who has an understanding of the social issues, potential problems associated with the sale of alcohol and who is responsible for licensable activities at the premises.

How do you change the details of the DPS?

Where a Designated Premises Supervisor is to be newly specified, the normal procedure is for the Premises Licence Holder to notify the Police of this. The whole Premises Licence does not have to be provided for the amendment. The Act states that part of the licence must be submitted with the appropriate application form. This will also require submission of a schedule to the main Part A licence giving personal details of key individuals. This should be amended by the Licensing Authority.

Does the Designated Premises Supervisor need to be on the premises when alcohol is being served?

No, but that person should always be contactable. As the Designated Premises Supervisor is ultimately responsible for every alcohol sale, if there is any problem at the premises, it will be a matter for the courts to decide if the DPS has shown due diligence. Although qualifying clubs don’t need a DPS to sell alcohol to members and their guests, this exemption does not apply if the premises are hired out for wedding receptions and the like.

What do I need to apply for a Personal Licence?

There is a fee to obtain this Licence that must be paid at the time of application. The applicant must apply for the Licence to the Licensing Authority responsible for the region that they live in – This may not be the same region in which they work. The applicant must be over the age of 18 years.

Your application form must be accompanied by:

1. Two photographs of the applicant, which shall be –
(a) taken against a light background so that the applicant’s features are distinguishable and contrast against the background;
(b) 45 millimetres by 35 millimetres;
(c) full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering;
(d) on photographic paper; and
(e) one of which is 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.

2. Proof that you hold a Licensing Qualification that has been accredited by the Secretary of State, or proof that you are a person of prescribed description.

3. Either: (a) a criminal conviction certificate issued under section 112 of the Police Act 1997(a);
(b) a criminal record certificate issued under section 113A of the Police Act 1997; or
(c) the results of a subject access search under the Data Protection Act 1998(b) of the Police National Computer by the National Identification Service; and in any case such certificate of search results shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority, and

4. A declaration by the applicant, in the form set out in Schedule 3, that either s/he has not been convicted of a relevant offence or a foreign offence or that he has been convicted of a relevant offence or a foreign offence accompanied by details of the nature and date of the conviction and any sentence imposed on him in respect of it. A relevant/foreign offence that is spent within the terms of the Rehabilitation of Offenders Act 1974 need not be declared.

5. The fee is £37.00. You can usually pay over the telephone or on line with either a credit/debit card.

6. Original accredited Licensing Qualification Certificate from Highfield ABC, This is the very course that I deliver.

The application must be submitted to the licensing authority where you live. The licensing authority will consult the police if the applicant has any relevant offences. The police can make a representation against the application on the prevention of crime and disorder grounds. If the police make a representation then there will be a hearing to determine the application
The holder of the licence is required by the 2003 Act to notify the Licensing Authority that issued the licence of any changes in name or address. The changes will be recorded. The holder is also under a duty to notify the Licensing Authority of any subsequent convictions of any relevant offences committed in this country or abroad. These measures ensure that a single record will be held of the holder’s history in terms of licensing.

If you need to know more about gaining a Personal Licence in Hereford, Ross on Wye , Redditch or Evesham, just call me, Johnny Walker on 07970 134 730.