Personal alcohol and entertainment licence
- Category: Food, alcohol and entertainment licensing
- Last Updated: 15 June 2015
A Personal Licence authorises the holder to supply alcohol or authorises the supply of alcohol in accordance with a Premises Licence. A Personal Licence is a requirement for any person wishing to become the Designated Premises Supervisor (DPS) of a premises licensed to sell alcohol.
A Personal Licence authorises the holder to supply alcohol or authorises the supply of alcohol in accordance with a Premises Licence. A Personal Licence is a requirement for any person wishing to become the Designated Premises Supervisor (DPS) of a premises licensed to sell alcohol. It is valid for 10 years and is portable throughout England and Wales.
One of the alcohol licensing provisions progressing through Parliament as part of the Deregulation Bill is the removal of the need to renew a personal licence, which under current arrangements is required every ten years.
The first personal licences were granted in February 2005. However, the legislation will not commence before the tenth anniversary of the date on which the first personal licences were granted. This means that licences due for renewal in early 2015 will need to be renewed.
The Government will introduce new arrangements through secondary legislation for those whose licences are due for renewal before the proposal in the Bill comes into force. The application form to renew a licence will be altered, so that licence holders are required to provide only essential information to the licensing authority.
Applicants will not have to enclose an application fee, photographs, a criminal convictions certificate, criminal record certificate or the results of a subject access search of the Police National Computer.
The standard requirement to notify licensing authorities of relevant or foreign offences committed by the licence holder will remain.
More information is available to download below, see the Factsheet for Personal Licence Holders Nov 2014 PDF.
Any person wishing to apply for a Personal Licence must make application to the Licensing Authority in whose area they reside.
A Designated Premises Supervisor ( DPS) is the person named on the premises licence (not necessarily the premises licence holder) who is singularly responsible for the running of that premise. A DPS must hold a Personal Licence. More information is provided on the Council's General Guidance Licensing Act 2003 (see below).
Any premises (except qualifying clubs) that sell or supply alcohol will need at least one personal licence holder, one of whom must be named on the premises licence as the Designated Premises Supervisor. There is an exception for community premises in respect of which a successful application has been made to disapply the usual mandatory conditions.
A Personal Licence holder must:
- be aged 18 years or over;
- have not forfeited a personal licence within 5 years prior to making an application;
- have not been convicted of any relevant or foreign offence; and
- possess and produce an original BII Level II examination certificate or similar accredited qualification.
For the purposes of personal licences, the Home Secretary has accredited the following qualifications under the Licensing Act 2003:
- BIIAB (QCF recognition number RN5118) Level 2 Award for Personal Licence Holders, Accreditation Number: 501/1494/3. See website or telephone 01276 684 449.
- EDI (QCF recognition number RN5134) Level 2 Award for Personal Licence Holders, Accreditation Number 500/9146/3. See website or telephone 0247 651 6500.
- HABC (QCF recognition number RN5219) Level 2 Award for Personal Licence Holders, Accreditation Number 500/9974/7. See website or telephone 0845 226 0350.
- NCFE (QCF recognition number RN5156) Level 2 Award for Personal Licence Holders, Accreditation Number 600/1323/0. See website or telephone 0191 239 8000.
- SQA (QCF recognition number RN5167) Level 2 Award for Personal Licence Holders, Accreditation Number. 600/1269/9. See website or telephone 0845 279 1000.
Relevant offences are listed under Schedule 4 of the Licensing Act 2003. A full list of relevant offences is contained within the Council's Application Guidance (Personal Licences) Licensing Act 2003.
Personal licence applications should contain the following:
- a completed application form;
- the appropriate fee;
- supply 2 passport sized photographs with the application. One of these must be endorsed by a person in authority such as a solicitor, notary, teacher, lecturer or other professional person stating "This is a true likeness of (Applicant's name)", signed, dated and state position of authority held;
- disclosure of convictions and declaration form;
- either a basic Criminal Conviction Disclosure Certificate or the results of a subject access search under the Data Protection Act 1998(b) of the Police National Computer by the National Identification Service.This must not be more than one month old when submitted with the application; and
- an accredited Licensing Qualification Certificate.
Basic criminal record checks can be obtained from Disclosure Scotland. For further information please visit their website or telephone 0870 609 6006 or visit disclosurescotland.co.uk. Subject access forms can be obtained from the Data Protection Department of North Yorkshire Police, telephone 0845 6060247.
A duplicate copy of the application package does not need to be sent to the Chief Officer of the Police. However, if relevant offences are declared, the Licensing Authority will inform the Police who may raise representations against the issue of a licence.
Only the Police can object and only then if they feel that granting the licence would undermine the crime prevention objective in the Act. In such a case the Police must give the authority an objection notice within 14 days. A hearing must then be held within 20 working days beginning the day after the 14 day period. Your application will then be decided by a licensing committee at a hearing.
If there are no objections and the applicant fulfills the application criteria, the application will be granted.
You can expect to hear from us within 60 days. If you have not heard from us within a reasonable period please contact us.
The Council is required by law to maintain a register containing details of various licences issued. This register can be viewed at the Council Offices during normal office hours (please contact the Licensing Team to arrange an appointment); alternatively it is also available to view online.
For further information and advice contact the Licensing Team on 01653 600666.