Personal Licences Renewal
Anyone with Personal Licences expiring on or after 1st April 2015 will now not need to apply for Renewal, the Home Office has now confirmed (27th March 2015) under the new Deregulation Act 2015.

The announcement brings to an end a year of uncertainty as to whether any Personal Licences would need to be renewed after April 2015 and when the actual Order would come into force.

The requirement to report lost or stolen Personal Licences to the Police before applying for a duplicate Personal Licence from the Council will also be abolished with effect from 26th May 2015.

Lastly, and more importantly for many of you, the Deregulation Act 2015 also increases the number of Temporary Event Notices which can be held at a single premises per year from 12 to 15 from 1st January 2016.

Please do not hesitate to contact me should you have any queries.

 

Sally Hills

Hills Licensing Limited

Do I need a Personal Licence? Q & A

Do all my staff need a Personal Licence?

It is not necessary for all staff who work in licensed premises to hold a Personal Licence.  However, it is good practice to ensure that all staff who are involved in the sale of alcohol are trained to a high standard.  This means that staff are able to recognised under age purchasers and potentially drunk customers.  Should anything go wrong at the premises a proper training plan ensures that operators are able to show adequate training has taken place.
Hills Licensing recommends the use of British Institute of Innkeeping training, specifically the Award for Personal Licence Holders (APLH). 
Frequently asked questions:

Do I need to hold a Personal Licence to sell alcohol?

No, but all sales of alcohol must be “authorised” by a Personal Licence Holder.  For example a pub or restaurant may have a Manager who holds a Personal Licence but 3 or 4 staff who don’t hold a Personal Licence.  The Manager “authorises” those staff to make sales of alcohol on his behalf.
If you want to become the Designated Premises Supervisor at the premises you will need to hold a Personal Licence.

What is a Designated Premises Supervisor?

This is the person (usually the Manager but not always) who is in “day to day” control of the premises and is also a Personal Licence Holder.

Do I need to sit the Award for Personal Licence Holders course?

Yes, if you are to go on to become a Personal Licence Holder and Designated Premises Supervisor.

Do I need to have any previous experience or qualifications to sit the course?

No

How long is the course?

The course is usually taught in a day but some college providers will teach the course over a longer period.

Is there an examination at the end of the course?

The exam is a written multiple choice examination of 40 minutes of which a candidate must obtained 28 out of 40 to pass the exam.

What happens after I pass?

Once the Certificate is obtained the candidate can go on to apply for their Personal Licence through their local Council.  Hills Licensing can assist you with this process.
 

Are there any reasons why I might not be able to apply for a Personal Licence after I have sat the course?

The course content covers restrictions on those not able to hold a Personal Licence and this includes those persons with relevant convictions such as recent drink driving convictions who may not be able to hold a Personal Licence.

What about Scotland – do they have Personal Licences?

Yes, but there is a separate course available (Scottish Certificate for Personal Licence Holders) if you wish to sell alcohol in Scotland.

How long does the Certificate and Personal Licence last?

The course is only ever needed to be passed once, provided there are no changes in the law in the future.  The Personal Licence, once granted lasts for 10 years and is renewed for further 10 year periods.

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.

Who needs a Personal Licence?
A Personal Licence is usually required by anyone who is responsible for the sale of alcohol at premises which may be a supermarket, restaurant, hotel, off-licence or other retailer of alcohol.
Most Managers of premises will have a Personal Licence and then authorise others to make sales on his or her behalf.  For example, not every member of staff who works on the till in a supermarket will hold a Personal Licence but are therefore “authorised” to make sales by their Manager who does hold a Personal Licence.
Designated Premises Supervisor (DPS)
The DPS is the person named on the Premises Licence as the person “in day to day control” and provides a single point of accountability should anything go wrong with Licence (for example an underage sale or sale outside of the hours of the Premises Licence).  A DPS is nominated by the Premises Licence Holder.
A DPS must hold a Personal Licence and there can only be one at each premises.
Your senior Manager or Area Manager will normally be nominated as the DPS.

How many Personal Licence Holders do I need?

Depending on the size of a premises it is recommended that there are several Personal Licence Holders on site.  As above, there can only ever be one DPS but it is advisable to have other Personal Licence Holders on site to assist the DPS.
This becomes vital should the DPS leave the business for any reason as alcohol cannot be sold until the DPS is replaced by way of a Variation Application.
How do I apply for a Personal Licence
In order to obtain a Personal Licence you must first obtain the Award in Personal Licence Holders certificate.  Hills Licensing can assist you with this training, please contact us on 07891 526110 or by email: sally@hillslicensing.co.uk and see our separate Training Page.
Once the certificate has been obtained an Application needs to be made to the Police for a Criminal Records check and then an Application to your local Council.  Again Hills Licensing can assist you with this process.