Licensing Services
4thFloor Laurence House
1 Catford Road
London
SE6 4RU
020 8314 6400
SECTION ONE – INTRODUCTION
The Licensing Act 2003 came into effect on 24 November 2005. It introduced
a completely new licensing system that deals with the following licensable
activities:
• The retail sale of alcohol
• The supply of alcohol to club members by or on behalf of the club
• The provision of regulated entertainment
• The provision of late night refreshment
On the same date all Justices Licences issued by the Magistrates Courts
and Public Entertainment Licences issued by the local Authority became
invalid. It is now illegal to provide any of the licensable activities set out above
without firstly having obtained a Premises licence (or in the case of b) above),
a Club Premises Certificate from the local authority . Where the retail sale of alcohol is concerned a PersonalLicence holder is also required.
This guidance should be read in conjunction with the Council’s Statement of
Licensing Policy, which sets out how the Council approaches its licensing
responsibilities. The Council has regard to this policy when considering and
determining applications for licences made under the Act.
SECTION TWO – FREQUENTLY ASKED QUESTIONS
What is a Personal Licence?
A Personal Licence is necessary for every individual who is to authorise the
sale of alcohol in accordance with a Premises Licence.
Where do I obtain a Personal Licence from?
Personal Licences are obtained from the local licensing authority for the area
in which the applicant normally lives.
THE LICENSING ACT 2003 –
A GUIDE TO PERSONALLICENCES
If your main residence is in the London Borough of Lewisham, youshould apply to this Council for your personal licence, even if the premises
you are involved in is located in another licensing authority’s area. If you live
in another licensing authority’s area you should apply to that authority for your
personal licence, even if the premises you are involved in is located in
the London Borough of Lewisham.
Who can apply for a Personal Licence?
Any individual who is aged 18 or over may apply for a personal licence
whether or not he / she is currently employed or has business interests
associated with the use of the licence.
Applicants for new licences must also
(a) Possess a licensing qualification accredited by the Secretary of State
(b) Not have forfeited a personal licence within five years of his / her
application
(c) Have not been convicted of any relevant or foreign offence.
How do I apply for a Personal Licence?
An application for a new personal licence must be made on the form provided
by Licensing Services (please see our contact details at the end of this
form).).
Every application must be accompanied by
(a) Two photographs of the applicant, one of which is endorsed with a statement verifying thelikeness of the photograph to the applicant by a solicitor,
notary, a person of standing in the community or any
individual with a professional qualification; and
(b) A copy of the applicant’s relevant licensing qualification unless they are exempt under the Act as follows:-
- A member of the Company of the Master, Wardens, Freemen and Commonality of the Mistery of the Vintners of the City of London.
- A person operating under a licence granted by the University of Cambridge or
- A person operating a premises under a licence granted by the Board of the Green Cloth
and proof that
(c) Either –
(i) A criminal conviction certificate issued under section 112 of
the Police Act 1997(a);
(ii) A criminal record certificate issued under section 113A of the
Police Act 1997 or
(iii) 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 the certificate or search results shall have been issued
no earlier than one calendar month before the giving of the
application to the relevant licensing authority; and
(d) A declaration by the applicant that either he / she has not been
convicted of a relevant offence or foreign offence or that he / she 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 / her in respect of it.
Is there a fee to pay with the application?
Yes. A fee of £37 is payable in respect of each application made. This fee
should be sent with the application.
Please note that no application is complete until the relevant fee has been
paid in full and will not be processed until the application is
complete. If payment is not received in full your application may be rejected.
Please make cheques payable to L B Lewisham.
What happens to my application after I have submitted it?
If you
(a) Are over 18 years of age;
(b) Possess the relevant licensing qualification;
(c) Have not forfeited a licence in the past 5 years; and
(d) Have no relevant convictions
You will be granted a licence.
If you meet criteria (a) – (c) above but you have a relevant conviction then the
Licensing Service must notify the Police.
If it is the opinion of the Chief Officer of the Police that granting a personal
licence would undermine the crime prevention objective set under the Act
then the Police will notify Licensing Services within 14 days by providing an
objection notice.
In such circumstances this authority is then required to hold a hearing to
consider the objection notice. The hearing of the application and notice will be
in front of the Council’s Licensing Committee. If the Committeeconsiders that it is necessary to do so for the promotion of the crimeprevention objective it must refuse the application. Otherwise the applicationwill be granted.
How do I obtain the necessary licensing qualification?
The Secretary of State will accredit licensing qualifications and the bodies
who will be able to award these. Details of accredited qualifications and
awarding bodies will be posted on the DCMS web site in due course. The
Secretary of State is expected to set common and fair standards for
qualifications and awarding bodies by requiring them to be accredited by the
Qualifications and Curriculum Authority (QCA) or the Qualifications
Curriculum and Assessment Authority for Wales (ACCAC).
Currently the British Institute of Innkeepers (BII) Level 2 National Certificate
for Personal Licence Holders (NCPLH) is the only qualification that is
accredited. Information on the qualification can be found on the BII web site at
How long does a personal licence last?
A personal licence is valid for 10 years. At the end of 10 years the licence
must be renewed.
How do I renew my licence?
Applications for renewal of a personal licence must be made to the licensing
authority that granted the original licence, or if you have left the area you can make an application to the authority you now live in.
Can I apply for more than one personal licence?
No. Once you have made an application to a licensing authority you may not
make a further application until the first application has been determined by
the licensing authority to which it was submitted or that application has been
withdrawn.
Do I need to hold more than one licence if I have several business
interests?
No. The personal licence is a portable licence and is valid in England and Wales. If you wish to work in Scotland or Northern Ireland you should make enquiries to the Local Authority in those areas.
Do all the staff in my premises need to hold a personal licence?
No. Other than the “designated premises supervisor” (DPS) no-one is required
to hold a personal licence to work in any licensed premises. However, every
supply of alcohol under the premises licence must be made or authorised by a
person who holds a personal licence. Separate guidance is available on the
“designated premises supervisor”.
Does there always have to be a personal licence holder / DPS on the
premises in order to authorise a sale?
There is nothing in the 2003 Act that requires the DPS to be on the premises
at all times when alcohol is being sold. What will be essential Is that the DPS
is contactable, particularly should problems arise with the premises.
The fact that every supply of alcohol must be authorised by a personal licence
holder does not mean that only personal licence holders can make such sales
or must be personally present at every transaction. A personal licence holder
may, for example, authorise members of staff to make sales of alcohol during
the course of an evening. It would be expected that the personal licence
holder would be available on the premises, but may be absent at times when
transactions take place. However, the personal licence holder will not be able
to escape responsibility for the actions of those he authorises to make suchsales. Ultimately, it would be for the courts to determine whether the
frequency or length of a period of absence meant that the personal licence
holder could not, in effect, have authorised the sale.
Should a licensee employ more than one personal licence holder?
This is an operational decision for the premises licence holder. Licensees may
wish to have more than one personal licence holder in case a new DPS has to
be appointed at short notice and to allow greater flexibility in fulfilling the
requirement for every alcohol sale to be made or authorised by a personal
licence holder.
The aim of the personal licence training is to ensure licence holders are aware
of the licensing law and the wider social responsibilities attached to the sale of
alcohol. Some licensees may therefore consider it necessary to have more
than one personal licence holder in order to promote one or more of the
licensing objectives. It should be stressed, however, that a personal licence is
not a qualification that is associated with business competency and other
forms of training should be considered alongside the personal licence.
What is a relevant offence?
A full list of relevant offences is given in the appendix to this guidance note.
What happens if I have been charged with a relevant offence before my personal licence application has been submitted?
In this case there is no need to panic as you conviction may have been spent, The time required before the conviction is spent - the rehabilitation period - will be different depending upon the nature and length of the sentence, be it a term of imprisonment, a fine, probation, or an absolute or conditional discharge. Relevant rehabilitation periods are set out below.
Relevant Rehabilitation Periods
- Prison for more than two and a half years - Never
- Prison for more than six months but less
- than two and a half years - 10 years*
- Dismissal with disgrace from Her Majesty's service - 10 years*
- A sentence of Borstal training - 7 years
- Prison for six months or less - 7 years*
- Dismissal from Her Majesty's service - 7 years*
- Imprisonment or detention in YOI or youth
- custody for six months or less - 7 years*
- Detention in respect of conviction in service
- disciplinary proceedings - 5 years*
- Fine - 5 years*
- Young offender detention for over six months
- but less than two and a half years - 5 years
- Probation order or community order- 5 years
- Hospital order under Mental Health Act 1983- 5 years or 2 years after order ceases to have effect,whichever is the longer
- Young offender detention for six months or less - 3 years
- Absolute discharge - 6 months
- Conditional discharge, binding over, care order, supervision order, reception order-1 year after making of orderor 1 year after the order ends, whichever islonger
- Disqualification-Period of disqualification
*Note: These periods are reduced by half if the offender was under eighteen at the date of conviction.
Excluded Sentences
Convictions resulting in the following sentences can never become spent:
- A sentence of imprisonment, youth custody detention in a young offender institution or corrective training, for a term of more than two and a half years.
- A sentence of imprisonment for life
- A sentence of preventative detention
- Detention during Her Majesty's Pleasure or for life or a sentence of custody for life.
- New Convictions and Other Principles Affecting Rehabilitation Period
If you are convicted during the rehabilitation period of an offence which can only be tried by a Magistrates’ Court, the new sentence will carry its own rehabilitation period and will not affect the earlier one. If the second offence is more serious and you receive a sentence covered by the ROA, the earlier conviction will become spent only when the later one becomes spent. If a person is given a sentence which can never become spent, this also prevents an earlier unspent conviction from becoming spent.
It is important to note that it is the length of the sentence imposed by the court which is relevant and not, for example, the length of time actually served in prison. A sentence counts in the same way whether you are actually sent to prison or the sentence is suspended.
Where a person receives two or more prison sentences in the course of the same court case, the rehabilitation period depends on whether the sentences are ordered to take effect concurrently - at the same time - or consecutively - one after another. As an example of what is meant by this, if two six-month sentences are concurrent, the offences are treated separately, giving each conviction a rehabilitation period of seven years. However, if the sentence is consecutive, they are treated as a single term of twelve months, with a rehabilitation period of ten years.
What happens if I am convicted of a relevant offence while my
application for a licence is being considered?
In this case you have a duty under the act to notify the licensing authority to
whom you have made the application as soon as is reasonably practicable. It
is an offence not to do so, without reasonable excuse.
What happens if I am charged with a relevant offence after my personal
licence has been granted?
If the holder of a personal licence is charged with a relevant offence, he / she
has a duty under the Act to produce the licence to the court or otherwise notify
the court by the next court appearance.
Where the holder of a personal licence is convicted of a relevant offence the
court may
(a) Order the forfeiture of the personal licence; or
(b) Order its suspension for a period not exceeding six months.
The Court will notify the Licensing Authority of any decisions. The Court’s
decision will have immediate effect (although appeal may be lodged). Upon
notification the Licensing Authority will contact the personal licence holder and
request the return of the personal licence for endorsement and / or retention
for the specified period.
Do I have to do anything if I change my name or address?
Yes. The holder of a personal licence has a duty under the Act to notify the
relevant licensing authority, as soon as reasonably practicable, of any change
in his / her name or address as is stated in the personal licence. The current
personal licence should be returned with the notification for amendment.
It is an offence under the act to fail to provide notification of any change in
name or address.
Are there any other licences I need?
Personal licences authorise an individual to authorise alcohol sales in
conjunction with a premises licence. The premises from which alcohol is being
sold must be licensed under a premises licence. We advise
that you contact the Licensing Services if there are any matters that you are
not clear about or on which you wish to have further advice.
______
Contacting London Borough Of Lewisham Licensing Services
Further information, advice and applications packs can be obtained
from the Lewisham Licensing Service. The Service can be contacted in
a number of ways
In writing to
Lewisham Licensing Service
5th floor Laurence House
1CatfordRoad
London
SE6 4RU
By telephone 020 8314 6400
By e-mail at
APPENDIX – EXTRACT TAKEN FROM SCHEDULE 4 OF THE LICENSING
ACT 2003 - PERSONAL LICENCE: RELEVANT OFFENCES
Relevant offences in respect of personal licence applications are as follows.
1 An offence under the Licensing Act 2003.
2 An offence under any of the following enactments -
(a) Schedule 12 to the London Government Act 1963 (c. 33)
(public entertainment licensing);
(b) The Licensing Act 1964 (c.26);
(c) The Private Places of Entertainment (Licensing) Act 1967
(c. 19);
(d) Section 13 of the Theatres Act 1968 (c. 54);
(e) The Late Night Refreshment Houses Act 1969 (c. 53);
(f) Section 6 of, or Schedule 1 to, the Local Government
(Miscellaneous Provisions) Act 1982 (c. 30);
(g) The Licensing (Occasional Permissions) Act 1983 (c. 24);
(h) The Cinemas Act 1985 (c. 13);
(i) The London Local Authorities Act 1990 (c. vii).
3 An offence under the Firearms Act 1968 (c. 27).
4 An offence under section 1 of the Trade Descriptions Act 1968 (c. 29)
(false trade description of goods) in circumstances where the goods in
question are or include alcohol.
5 An offence under any of the following provisions of the Theft Act 1968
(c. 60) -
(a) section 1 (theft);
(b) section 8 (robbery);
(c) section 9 (burglary);
(d) section 10 (aggravated burglary);
(e) section 11 (removal of articles from places open to the
public);
(f) section 12A (aggravated vehicle-taking), in circumstances
where subsection (2) (b) of that section applies and the
accident caused the death of any person;
(g) section 13 (abstracting of electricity);
(h) section 15 (obtaining property by deception);
(i) section 15A (obtaining a money transfer by deception);
(j) section 16 (obtaining pecuniary advantage by deception);
(k) section 17 (false accounting);
(l) section 19 (false statements by company directors etc.);
(m) section 20 (suppression, etc. of documents);
(n) section 21 (blackmail);
(o) section 22 (handling stolen goods);
(p) section 24A (dishonestly retaining a wrongful credit);
(q) section 25 (going equipped for stealing etc.).
6 An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing
child to take part in gaming on premises licensed for the sale of
alcohol).
7 An offence under any of the following provisions of the Misuse of Drugs
Act 1971 (c. 38) -
(a) section 4(2) (production of a controlled drug);
(b) section 4(3) (supply of a controlled drug);
(c) section 5(3) (possession of a controlled drug with intent to
supply);
(d) section 8 (permitting activities to take place on premises.