What happens if I breach my Premises Licence Conditions?
When a Premises Licence or Club Premises Certificate is granted offences can be committed if the premises are operated outside the licensable activities granted. Examples would include selling alcohol outside the hours stated on the Premises Licence or breach of any condition stated on the Licence.
There are also specific guidelines about the presence of a Personal Licence Holder on site. All sales of alcohol must be made or authorised by a Personal Licence Holder.
It would be good practice to ensure that the persons authorised to sell alcohol are clearly identified by either a letter of delegated authority from the Designated Premises Supervisor or other such document as specified by the Premises Licence Holder. This document will go a long way to show due diligence and knowledge of the Licensing laws although it may not convince all authorities.
There should also be in place sensible arrangements for monitoring the staff by the Personal Licence Holder of those authorised to make sales on his or behalf on a regular basis.
The offences above carry a period of imprisonment of six months or a fine of £20,000 or both. There is a defence available of due diligence i.e. that reasonable steps had been taken to avoid commission of the offence.
It is also an offence to possess alcohol with the intention to sell it (without a Licence).
This offence again applies to all types of premises and carries a fine of up to £500
Please contact us by email, firstname.lastname@example.org if you need any assistance with any of the matters referred to above.