Who needs a personal licence?
A personal licence is separate from a premises licence which authorises the premises to be used for the supply of alcohol and other licensable activities.
The licensing of individuals separately from the licensing of premises permits the movement of personal licence holders from one premise to another, allowing greater flexibility. A personal licence currently costs £37.
The Licensing Act 2003 also states that if a premises licence includes the sale or supply of alcohol then a designated premises supervisor must have a personal licence and be named on the premises licence as the person who will be responsible for the day to day running of the premises. It will not be necessary for all staff selling alcohol to hold a personal licence.
The personal licence relates only to the supply of alcohol under a premises licence. An individual will not require a personal licence for other licensable activities such as the provision of regulated entertainment or late night refreshment, or for the supply of alcohol under a club premises certificate. In the case of Temporary Event Notices, personal licence holders will be able to give 50 Temporary Event Notices each year whereas there will be a the limit of 5 for non-personal licence holders.
Renewals of licences are no longer necessary.
Personal licences remain valid unless surrendered, suspended, revoked or declared forfeit by the courts.
The requirement to renew a personal licence was removed from the Licensing Act 2003 by the Deregulation Act 2015.
While personal licences issued before the 2015 Act have expiry dates, these licences will remain valid and such dates no longer have an effect.
Once granted, the licensing authority which issued the licence remains the "relevant licensing authority" for it and its holder, even though the individual may move out of the area or take employment elsewhere. The personal licence itself will give details of the issuing licensing authority.
Applying for a personal licence
For a personal licence you must:
- Be over 18
- Hold a licensing qualification that has been accredited by the Secretary of State. The aim of this provision is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol
- Hold a Criminal Records Bureau Certificate and/or statement of foreign offences. This is to determine if there are any relevant offences
- Pay a fee (£37)
If there are relevant offences then the police can make a representation against the application on crime prevention grounds. If the police make a representation within 14 days of receipt of application then there will be a hearing by the council's Licensing Committee or delegated panel to determine the application within 20 working days. If no representations are received then the licence is granted on the 15th day after receipt. The name and licence number of all holders of personal licences are recorded in a public register.
If the application is refused you can appeal to the Magistrates Court against the council´s decision to refuse a licence, within 21 days of being notified of the councils decision and the grounds for it.
Obligations once a licence is granted
Once you are a licence holder your must:
- notify us of any convictions received after it is granted
- surrender your licence to us within 14 days, when required
- inform us if you wish to surrender your licence
- not use your licence if it is suspended by us or by a court
- inform us and apply for a copy if your licence is lost, stolen or destroyed
- notify us of any change of name or address and surrender the licence for updating
- notify the court immediately and produce your licence to that court if charged with a relevant offence
- produce your licence on request to any police constable or person authorised by us, when you are on licensed premises.
You must inform us in writing as soon as possible. You must also include the £10.50 fee for the reissue of your licence.
What to do if you change your name or address
You must inform us in writing as soon as possible if you change your address or name. Include the existing licence (both the card and the paper licence) and the £10.50 fee.