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Personal Licence
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What is a Personal Licence?
A personal licence allows a person to sell alcohol or authorise the sale of alcohol under the authority of a premises licence and is valid for 10 years unless surrendered, suspended or declared forfeit by the courts. Every premises where alcohol is supplied under the authority of a premises licence requires a designated premises supervisor and such individuals must have a personal licence.
What is the procedure when applying for a Personal Licence?
Applicants for a personal licence must:
- be 18 years of age or above
- possess one of the 4 accredited licensing qualifications:
- BIIAB Level 2 National Certificate for Personal Licence Holders – QCA Accreditation No 100/4866/2
- Telephone number 01276 684449
- EDI Level 2 National Certificate for Personal Licence Holders – QCA Accreditation No 1000/4865/0
- Telephone number 02476 516500
- HABC Level 2 Award for Personal Licence Holders - QCA Accreditation No 500/7383/7
- Telephone 0845 2260350
- NCFE Level 2 National Certificate for Personal Licence Holders - QCA Accreditation No 500/4228/2
- Telephone 0191 239 8000
- not have forfeited a personal licence in the preceding 5 year period
- not have any unspent convictions for any relevant offences or for any foreign offences
The application must be made to the licensing authority for the area in which the applicant ordinarily resides and must be made on the personal licence form together with the following:
- Disclosure of convictions and declaration form
- Criminal Record Bureau – Basic check required. When the Licensing team receive a complete and valid application the basic CRB certificate must have been issued within one calendar month. This must be the original or a certified copy.
- Qualification Certificate. This must be the original or a certified copy. Please see above for accredited licensing qualifications
- 2 Photographs of applicant (endorsed with a statement verifying the likeness of the photograph to the applicant) (45mm x 35mm) taken against a light background, full face (without sunglasses), on photographic paper
The appropriate personal licence fee. Cheques should be made payable to Sevenoaks District Council.
If the applicant fails to meet the relevant or foreign offences criteria, the licensing authority must notify the Chief Officer of Police who then has 14 days to consider whether the grant of a personal licence would undermine the crime prevention objective. If he raises an objection, the licensing authority must hold a hearing (unless the licensing authority, the applicant and Chief Officer of Police all agree this is unnecessary). Whether the authority grants or rejects the application, it will give the applicant and the Chief Officer of Police written notice of its decision. Any appeal against the decision of the licensing must be made within 21 days to the Magistrates Court.
What are my duties as a Personal Licence Holder?
- an applicant for a personal licence has a duty to inform the licensing authority of any convictions for relevant or foreign offences where the conviction is given while the application for a personal licence is being considered
- changes in name and/or address must be notified to the licensing authority, accompanied by the appropriate fee for a change of details and both parts of the personal licence (card and paper)
- if a personal licence holder loses his licence or it is stolen or damaged, he must apply to the relevant licensing authority for a replacement licence, (you must obtain a crime reference number from the police if it is lost or stolen) enclosing the appropriate replacement licence fee
- a personal licence holder must notify the court if he is charged with a relevant offence no later than the first hearing that he is a personal licence holder
- where a personal licence holder has not complied with the above, he must inform the licensing authority of any conviction for a relevant or foreign offence during both the application or renewal period and during the period of validity of the licence and his personal licence must be surrendered to the authority so that details of the conviction can be recorded on the licence
The courts have the ability to order the forfeiture of a personal licence or to suspend it for a period of up to 6 months if the holder is convicted of a relevant offence. Following such notification by a court, the licensing authority may require the personal licence holder to produce the licence and, if such a request is made, the licence must be produced within 14 days.
03 September 2010
