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My name is Sally Hills and I have 17 years experience in the licensing sector having worked in both private legal practice and also as a Licensing Officer at local government level. I have been involved with the Licensing Act since its inception and previously with the Licensing Act 1964.
Personal Licensing

Why Personal Licence Training is important

Why Personal Licence Training is important
The sale of alcohol to a child or young person (that is to say, a person aged under 18) is an offence which may lead to a fine of up to £10,000 and/or a term of imprisonment not exceeding three months. Such a sale could also lead to a Review of the Premises Licence and could result in the Licence being suspended or revoked.

All premises should operate an ‘age verification policy’, the terms of which must require production of an acceptable proof-of-age document if you are in any doubt as to whether a person seeking to buy alcohol is less than 18 years of age.

Only the following documents are acceptable for proof-of-age purposes:
• A passport
• A European Union photocard driving licence
• A proof of age card bearing a PASS hologram

If no such document is produced or if you have a suspicion that the document presented is not genuine, or has been tampered with or has been altered, then you must refuse the sale or refuse to authorise the sale.
To ensure that compliance with the above it is recommended that a suitable training course is obtained.
The British Institute of Innkeeping Awarding Body (BIIAB) is a specialist provider of qualifications for the licensed retail industry.  They are also the market leading provider of the Award for Personal Licence Holders, the qualification needed in England & Wales to obtain a Personal Licence for the retail sale of alcohol BIIAB qualifications are demanded by the licensed retail industry and recognised by the Police, local authorities, national & local government and others.
The course syllabus has been set by government to enable candidates to understand the law in relation to :
· the roles, responsibilities and functions of licensing authorities within the framework of the licensing objectives
• the application process for a personal licence
the role and legal responsibilities of the personal licence holder, and the penalties relating to failure to comply with the law
• the premises licence
• the content and purpose of operating schedules
• the role and duties of the designated premises supervisor
• unauthorised and temporary licensable activities
• rights of entry to licensed premises
• police powers with regard to suspension and closure of licensed premises
• the specific prohibitions for the sale of alcohol
• the strengths of alcoholic drinks, and the effects of alcohol on the human body
• the protection of children from harm
• the responsible retail sale of alcohol.
Most courses are run over one day with the results obtainable the next working day.

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

Premises Licences

What is a Review of a Premises Licence?

What is a Review of a Premises Licence?

A Review of a Premises Licence or Club Premises Certificate is an important but little known part of the Licensing Act 2003.  Any licensed premises operating in a way which does not promote the licensing objectives can be brought to the attention of the Licensing Authority by way of a Review.
The licensing objectives are:
·         the prevention of crime and disorder
·         the promotion of public safety
·         the prevention of public nuisance
·         the protection of children from harm

Examples of actions which could result in a Review may include continuous noise from music escaping from premises late at night and causing disturbance to local residents and/or businesses or repeated sales of alcohol to under age persons.  In these examples the first would be a contravention of the public nuisance objective and the second the contravention of the protection of children from harm.

The parties able to call a review are ‘responsible authorities’, (such as the Police, Fire Authority, Trading Standards, etc), and persons who live or have a business who are affected by the operation of the premises.  A Review Application may be made at any time and the person or authority making the Application must also inform the other responsible authorities of the Application.  Details of those authorities are available at each individual Licensing Authority.

Once an Application for a Review has been made the Licensing Authority will decide whether the reasons for the Review are relevant to the premises.  The Licensing Authority must then advertise the Application by placing a notice at or near the premises subject of the Application.  The Application for Review will nearly always result in a hearing before the Licensing Committee.  However, it may be possible for all parties to reach an agreement about improvements to the way the premises are run and the Licensing Authority may agree to waive the need for a hearing.

Following consideration of the Application the Licensing Committee may do one of the following:

·         Decide that no action is necessary to promote the Licensing Objectives
·         Modify or add conditions to the Licence.
·         Exclude a licensable activity from the Licence.
·         Remove the designated premises supervisor (DPS).
·         Suspend the Licence for a period of up to three months.
·         Revoke the Licence.

There is a right of Appeal if an applicant, responsible authority or interested party is unhappy with the decision of the Licensing Committee.  An Appeal may be made to the Magistrates Court within twenty-one days of written notification of the Licensing Committee’s decision.

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

Premises Licences

Why do I need a Premises Licence?

Why do I need a Premises Licence?
A Premises Licence is required where the following “licensable” activities are to be offered:
– retail sale of alcohol
– regulated entertainment
– late night refreshment
– supply of alcohol in clubs (this activity involves the grant of a Club Premises Certificate)

The sale of alcohol by retail is any sale of alcohol made to a customer or member of the public such as in a pub, restaurant or supermarket. The sale of alcohol by a brewery to a publican would therefore not be a sale by retail.

Regulated entertainment involves any entertainment to the public or a section of a the public whether or not a charge is made and includes music, dancing, plays, indoor sporting events and many others.

Late night refreshment is the sale of hot food or hot drink whether for consumption on or off the premises between the hours of 11 pm and 5 am. Examples would include a Chinese Restaurant selling meals after 11 pm as well as a burger van selling burgers after 11 pm on designated pitch.

The supply of alcohol in clubs is covered by a Club Premises Certificate rather than a Premises Licence. There is no actual sale of alcohol as the members of the club “own” the alcohol. The club in question must not operate for profit and there are qualifying criteria which must be followed.

When considering an Application for a Premises Licence four main principles known as the licensing objectives must be considered:

– prevention of crime and disorder
– promotion of public safety
– prevention of public nuisance
– protection of children from harm

The prevention of crime and disorder involves such matters as staff training, the implementation of closed circuit television (CCTV), door supervisors etc.

The promotion of public safety also involves the use of CCTV, evacuation procedures, lighting, fire exits etc.

The prevention of public nuisance could involve the use of noise limiters whether by the Manager or a dedicated noise limiter machine or the use of air conditioning to prevent nuisance smells.

Finally, the protection of children from harm could involve ensuring that all staff are trained in under age sale prevention, the correct use of ID checking and consideration to be given as to whether or not children will be allowed on the premises.

Applications for Premises Licence can be protracted so legal assistance should always be considered.

Uncategorized

Test Purchase

Test Purchase

Any sale of alcohol to a person under age (18) will put your business at risk. Selling alcohol to a person who is under age by way of a failed test purchase could be detrimental to your business as you may lose your Premises Licence to sell alcohol.

What is a Test Purchase?

Police and Trading Standards officers are permitted to send children into licensed premises to attempt to buy alcohol. This is known as a “test purchase”.

If you or a member of your staff serves that person, the seller may receive an on the spot penalty which is known as a “Fixed Penalty Notice”. The Notice may only be given by a Police Officer in uniform. Similar to a parking ticket, the seller generally has two weeks to pay the fine of £80 (which increases after those two weeks).
It may be that the seller works on the checkout/till and is given the Notice without the knowledge of their Supervisor and/or Manager. It is important to ensure that all staff are encouraged to make you aware of any such situations as a specific offence can be committed which is known as “persistently selling alcohol to children”.

Offence of persistently selling alcohol to children

Should a premises fail two test purchases in a three month period then you could be prosecuted for “persistently serving alcohol to children” and, if taken to court, could face a suspension of alcohol sales for up to three months and/or a fine of up to £20,000. Alternatively you may be offered the opportunity by the Police or Trading Standards to close for the sale of alcohol for between 2 days and 2 weeks (dates to be chosen by the Police or Trading Standards Officer).

Fixed Penalty Notice or Prosecution?

It is not always the case that the person who sold alcohol to an under age person is given a Fixed Penalty Notice. It may be that that Police or Trading Standards could decide to prosecute instead. The prosecution process usually begins with an invitation to attend an interview under caution (PACE) where you must be legally
represented. Hills Licensing can assist you with this process.

Prosecution may also lead to a review of the Premises Licence and in some cases, it may also lead to the closure of the premises for a specified period of time.

How can I ensure that I am prepared?

The best form of due diligence to prevent a failed test purchase is ensure that all staff are trained in the prevention of under age sales. Hills Licensing can offer bespoke training in this area as well as dedicated British Institute of Innkeeping courses to ensure compliance.

Hills Licensing also advises that full and detailed records of all training are kept as well as the use of a “refusals” book which records all refused sales of alcohol as well as other age restricted goods.

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