1. Aim
To understand the personal licence application process and the roles and responsibilities of a personal licence holder.
Learning Outcomes
Understand the nature, purpose and period of validity of a personal licence
Understand the application process and legal duties when applying for a personal licence
Understand the legal duties of a personal licence holder
Assessment Criteria
Know what a personal licence is
State what a personal licence entitles the holder to do
State the period of validity of a personal licence
State the procedures for applying for a personal licence, including eligibility criteria for a new personal licence
Outline the licensing authorities’ process for the granting or rejection of new personal licences and renewals
Identify who may object to the granting of a personal licence
Define the terms ‘relevant offences’ and ‘foreign offences’
Understand the duty of an applicant to declare if they are convicted of any relevant or foreign criminal offences during the application process
State the penalty for failing to declare conviction of relevant or foreign offences during the application process
State the duties of a personal licence holder if charged with a relevant or foreign offence
State the duties of a personal licence holder if convicted of a relevant or foreign offence after the licence is granted
State the duties of a personal licence holder if a personal licence is renewed, surrendered or revoked
State the duties of a personal licence holder if a change of name and/or address occurs
State the duties of a personal licence holder if asked to produce the licence by an authorised person
State the penalties for breaching any of the legal duties of a personal licence
State the consequences for a personal licence holder if convicted of a drink driving offence
Suggestions for training resources
Example of a personal licence or an actual personal licence
A personal licence application and a disclosure of conviction and declaration form
Basic disclosure application forms 2
Personal Licences

2. Nature and purpose of a personal licence
A licence issued to an individual allowing them to sell or authorise the sale of alcohol on licensed premises
Issued by licensing authorities
Alcohol sales must be in accordance with a premises licence
All sales must be made or authorised by a personal licence holder
Personal licences will last indefinitely from 1 April 2015
The cost of a personal licence set by the government – currently £37 but this may increase
Holding a personal licence is not evidence of business competence or ability to work in licensed premises
A personal licence stays current even if the holder doesn’t work in licensed premises
Personal licences may look slightly different from one another dependent upon the issuing authority.
It is important to note that the paper copy of the licence must be retained.

3. Eligibility criteria
To be eligible, a personal licence applicant must meet these criteria and pay the application fee to the licensing authority:
must be at least 18 years old
must hold a licensing qualification accredited by the Secretary of State
no personal licence forfeited within previous 5 years
convictions for relevant offences and foreign offences must be declared
Licensing authority must grant personal licence if all criteria are met and no unspent convictions for relevant or foreign offences
Licensing qualifications accredited by the Secretary of State include the Level 2 Award for Personal Licence Holders (APLH)
An applicant with a relevant or foreign conviction may apply for a personal licence, however the chief officer of police may object if they believe the crime and disorder objective may be undermined
Any individual may apply for a personal licence whether or not they are employed or have any interests in a licensed business
Where criteria are met and applicant has no unspent convictions for relevant or foreign offences, the personal licence must be granted

4. Application procedure
Application to relevant licensing authority, with:
completed application and declaration
original certificate of qualification (or an authorised copy)
2 photographs (1 endorsed)
basic disclosure of criminal convictions
appropriate fee
Personal licence applicants must apply to the relevant licensing authority, the one where the applicant usually lives
Anyone from outside of England or Wales may apply to any licensing authority for a licence
Need an original Ofqual or DCELLS accredited APLH qualification or an authorised copy. This is MANDATORY for a personal licence application
Passport-style photograph to be endorsed as a true likeness of you by a solicitor or notary, person of standing in the community or a person with a professional qualification:
‘I confirm this to be a true likeness of ---‘ Signed by, name and position (not family)
Application must include a recent criminal conviction certificate, criminal record certificate or a Police National Computer check. This is usually known as a basic disclosure of criminal convictions and it must have been issued within a month of the application
N.B. Applicants may wish to use (about £25). They will need past 5 years’ addresses, passport details and NI number.

5. Relevant licensing authority
Which licensing authority will you apply to for your personal licence?
An opportunity to check whether or not candidates know which is their relevant licensing authority.
If they are uncertain, explain it is the licensing authority for the council area to which they pay their council tax.

6. Licensing authority process
Submit application
to relevant licensing authority
Are all the criteria met?
Eligible to the UK
18 or over
Qualified
No licence forfeited in past 5 years No
Applicant does NOT meet criteria
Yes - Applicant meets all criteria
Inform chief officer of police
Have convictions for relevant or foreign offences been identified or declared?
Yes
This illustrates the basic process which licensing authorities follow to assess a personal licence application.
The licensing authority must notify the chief officer of police when an applicant has unspent convictions for a relevant offence or foreign offence.
If an application is refused, the applicant may appeal. If the application is granted, despite a police objection, the chief officer of police may appeal against the licensing authorities’ decision.
Police raise no objection (within 14 days)
Police raise objection (within 14 days) NO
Hold hearing
Grant
licence
Reject
application

7. Objection to personal licence application
Where relevant or foreign convictions identified, and it is believed the crime and disorder objective would be undermined, the chief officer of police may object to application
Objection notice must be issued within 14 days
The chief officer of police has 14 days after notification to consider whether, in the light of the offences, the granting of a licence would undermine the crime and disorder objective
If an objection notice is issued, the applicant is entitled to a hearing by the licensing authority to consider the objection notice (unless all parties agree that this is not necessary). The licensing authority will consider whether or not the granting of the personal licence will undermine the crime prevention objectives
The application can either be granted or refused. If refused, the applicant has a right of appeal to be made within 21 days to the local magistrates’ court
If no objection, the personal licence will be granted

8. Relevant and foreign offences3
Only ‘unspent’ convictions are relevant
Those listed in the Licensing Act 2003, include:
licensing offences since 1964
Serious crimes involving violence, firearms, sexual crimes, fraud and terrorism offences
dishonesty – theft, fraud, robbery, deception or forgery
trading standards and food hygiene
production or supply of drugs
drink-driving or driving under the influence of drink or drugs
A foreign offence is similar to a relevant offence but is committed outside England and Wales
Handout 3
Provide candidates with Handout 3 that contains a list of relevant offences
Relevant offences are those unspent offences including theft, violence, drugs and drink-driving, any licensing offence since 1964, firearms, sexual offences, smuggling drugs with intent to supply, food safety and trading standards offences
Unspent convictions are ones that still appear on a criminal record and could prevent a personal licence being granted. However, spent convictions (under the Rehabilitation of Offenders Act 1974), due to the time elapsed, are no longer relevant
Basic details regarding the periods of time for rehabilitation, after which a conviction will become spent:
Type of sentence Sentence Spent period
Prison Over 4 years Never
Prison More than 30 months, Sentence plus 7 years
up to 4 years
Prison More than 6 months, Sentence plus 4 years up to 30 months
Prison months or less Sentence plus 2 years
Community orders and fines: 1 year

9. Personal licence applicant’s duty
Must inform licensing authority of convictions for any relevant or foreign offence during the application for a new licence
Failure to inform licensing authority of convictions during application is an offence subject to a level 4 fine of up to £2,500
During application
During the application process, applicants must inform the licensing authority of convictions for relevant offences. Failure to notify the licensing authority of convictions for relevant or foreign offences, when applying for a personal licence, is an offence subject to a level 4 fine of up to £2,500
Where a personal licence holder has failed to inform the licensing authority of a conviction during the application which has subsequently come to light, leading to an objection by the chief officer of police, the personal licence may be revoked

10. Personal licence holder duties when charged
If charged with relevant offence, must produce personal licence to court, or inform court they are a personal licence holder.
If charged with foreign offence, the personal licence holder to inform the relevant licensing authority of the conviction
During period of holding a personal licence
When charged with a relevant offence a personal licence holder must produce the licence or inform the court that they hold a personal licence by their first court appearance at the latest. Failure to do so is an offence subject to a level 2 fine of up to £500. The court will inform the licensing authority if the personal licence holder is then convicted.
Section 128 of the Licensing Act 2003 includes the duty to notify the court of a personal licence.
(1) Where the holder of a personal licence is charged with a relevant offence, he must, no later than the time he makes his first appearance in a magistrates' court in connection with that offence:
(a) produce to the court the personal licence
(b) if that is not practicable, notify the court of the existence of the personal licence and the identity of the relevant licensing authority and of the reasons why he cannot produce the licence.
Court will inform licensing authority of subsequent convictions

11. Conviction of a personal licence holder
Upon conviction for a relevant offence the court must notify Licensing Authority of:
details of conviction and sentence
any order to suspend or forfeit personal licence
Licensing authority to request personal licence is produced within 14 days for endorsement
A personal licence holder must let the licensing authority know if they are convicted of a relevant offence if the court dealing with the case is unaware that they hold a personal licence
A personal licence holder must let the licensing authority know if they are convicted of a foreign offence as soon as is reasonably practicable. A foreign offence is similar to a relevant offence, but is committed outside England or Wales
Failure to notify the licensing authority of a conviction for a relevant offence or foreign offence is subject to a level 2 fine of up to £500
Personal licence holders must submit their licence to the licensing authority within 14 days of the conviction so that their licence can be endorsed with details of the conviction Failure to submit the licence within 14 days, when requested, is an offence subject to a level 2 fine of up to £500
KEY POINT
Conviction for drink-driving may lead to suspension of personal licence for up to 6 months or forfeiture

12. Suspension, forfeiture or revocation of a personal licence
A further personal licence application cannot be made for 5 years following forfeiture
When ordered by the court upon conviction
With immediate effect
Suspension for a maximum of 6 months
May take into account previous convictions
During suspension or forfeiture, personal licence holder will lose the right to authorise the sale of alcohol
KEY POINT
A personal licence holder should inform their employer or manager if their licence is suspended or fortified
Only a magistrates’ court may order the suspension or forfeiture of a personal licence
A conviction for drink driving offences may result in a person losing their personal licence
Where a personal licence is revoked or forfeited, an application for another personal licence may be made after 5 years.

13. Legal duties of a personal licence holder
Inform licensing authority of:
change of name or address
convictions for relevant offences or foreign offences
Failure to meet legal duties is an offence
subject to a level 2 penalty (£500)
Failure to inform relevant authority of a change of name or address (accompanied by licence) as soon as is reasonably practicable is an offence with a level 2 (£500) penalty
Failure to produce licence when on licensed premises to authorise the sale of alcohol is an offence and carries a level 2 penalty
Remember to:
Have your personal licence with you when at work. Ideally this should be stored in your locker and must be accessible when required.
KEY POINT
A personal licence holder authorising alcohol sales must produce their licence when requested to do so by the police or an authorised officer of the licensing authority

14. No renewal of personal licences4
Under the Deregulation Act 2015, there is no requirement to renew a personal licence
Existing personal licences will have effect indefinitely from 1st April 2015
Ask candidates to complete Handout 4
This activity will help to consolidate knowledge of personal licences and identify any gaps in understanding which need to be filled.

15. How much do you know? The best definition of a foreign offence is:
any relevant offence committed by a person without a UK passport
similar to a relevant offence committed outside of England or Wales
any offence committed in a country outside of England or Wales
The correct answer is B
a relevant offence which, due to the passage of time is now spent