Anyone who wishes to pursue a career in the catering and hospitality industry in England and Wales would be well advised to apply for a Personal Licence. This allows it's holder to supply alcohol and to authorize others to also supply alcohol as long as the place that they are doing it is covered by a Premises Licence.
It is worth pointing out that a Personal Licence does not tie a person to any particular premises - the holder is free to use that licence at any place that has a Premises Licence allowing the supply of alcohol. Other benefits include the ability to be named as the Designated Premises Supervisor on a Premises Licence and also to be able to use many more Temporary Event Notices than a person who does not hold such a licence.
There are four basic requirements for anyone wanting to hold a Personal Licence to satisfy. An applicant must:
- be 18 or over;
- not have forfeited (ie lost by order of a court) such a licence within 5 years of the application;
- hold an accredited licensing qualification;
- not have been convicted of a relevant or foreign offence.
If any of requirements 1-3 are not met the application will be rejected. If requirement 4 is not met then the Police will have an opportunity to object to the application if they think it necessary. In this scenario it will be for the Licensing Committee to decide whether the licence should be granted.
If a Licensing Authority receives a properly made application from a person satisfying the above criteria then it must be granted. This article will go through the process of making the application.
There are five stages to applying for a Personal Licence.
1. Obtaining a qualification
The first stage is for the applicant to sit (and pass) an appropriate licensing qualification course. There are many companies who offer this course around the country and the course is often referred to as the Level 2 National Certificate for Personal Licence Holders. In most cases the course lasts one day with the multiple-choice exam taking place in the afternoon.
2. Criminal record check
Under the previous licensing regime if a person wanted to be named as a licensee they would have to appear in court in front of the Licensing Justices' and show that they were a 'fit and proper person'. Instead of this, applicants are now asked to produce a criminal record check which, hopefully, will be clean. If your criminal record check shows any offenses then you should find out whether they are considered to be 'relevant offences or foreign offences' that may jeopardise your application. As a rough guide, 'relevant offences' are any which include violence, alcohol, fraud or breach of any licensing laws but you should contact a licensing practitioner or your Licensing Authority to be sure.
Currently a very common and simple way of applying for a criminal record check is to apply for a 'basic disclosure' from Disclosure Scotland. They process applications within a few weeks but please note that towards the end of the summer there may be a delay as they have to process a large number of annual applications from teachers.
Please also note that for the purposes of this application the criminal record check is only valid for 28 days from the date it is issued (not the date you receive it). Therefore you should only apply for this once you have your certificate for passing the licensing qualification, otherwise you may find yourself having to reapply.
3. Application forms
There are two forms to fill in and these will be available from your Licensing Authority.
Firstly, there is the application form for the licence itself, the other is known as the 'Disclosure of Convictions and Declaration'. The contents of these are quite straightforward and guidance notes for filling them out are available. Both should be completed in black ink and should be signed - many forms are rejected because these simple things are missed.
4. Endorsed photographs
Many applications are rejected because the applicant has tried to cut corners in relation to the photographs. A good guide is to follow the same rules for the photos that accompany passport applications. Additionally, at least one of the photographs must be endorsed on the reverse by a solicitor, notary, any person with a professional qualification or a person 'of standing in the community' (for example a police officer, minister of religion or bank manager). The person does not have to have known the applicant for any length of time but will have to write on the back of one of the photos something along the lines of:
"I confirm that this is a true likeness of (name of applicant)".
The person endorsing the photo should then sign their name and state their profession or qualification.
Also, please bear in mind that the photo will go on an ID card that you must have on you when supplying or authorising the supply of alcohol. Many applicants have asked to re-take their photographs when they've found this out!
5. Submitting the application
The application form must be sent to the Licensing Authority for the area in which the applicant normally resides (if the normal residence is abroad the application may be sent to any Licensing Authority the applicant wishes) along with:
- The qualification certificate;
- A valid (ie not expired) criminal record check;
- The completed and signed Declaration of Convictions;
- Two photographs, one of which must be endorsed on the reverse; and
- A cheque for the fee (currently £37 but this should be verified with the Licensing Authority).
If any relevant offences are disclosed on the criminal record check and Disclosure of Convictions and Declaration form the applicant must also give a copy of the application to the Police within 48 hours of the Licensing Authority receiving theirs. The Police will have the opportunity to object to the application if they think it is necessary to do so. Experience shows that if any relevant offences come to light then the Police will object, meaning that whether the application is granted or rejected will be decided at a hearing in front of the Licensing Committee.
Other information
Assuming the application is granted, the Licensing Authority will issue the licence. There are two parts to it - a paper certificate and a credit card-sized card. The licence holder must have the card on them at all times that they are supplying or authorizing the supply of alcohol. The certificate should be kept safely.
The licence lasts for ten years, at which point the holder must apply for renewal. There is a two-month window for renewal starting five months before the licence expires.
If any of the licence holder moves house or change their name the Licensing Authority must be notified so they can reissue an updated licence. There is a small fee and any change of details must be notified promptly. If the licence holder moves to an area that is covered by a different Licensing Authority this does not matter - the Authority that grants the licence to begin with will remain the relevant authority for as long as that licence lasts.
If a licence holder is charged with a relevant offence the Personal Licence must be produced to the court or, if this is not possible, the court must be notified of the licence as they may order forfeiture or suspension of the licence. If they do so it is for the court to notify the Licensing Authority of this.
A Personal Licence is an excellent asset for anyone working in the catering and hospitality industry. Employers see licence holders as more valuable and for those with their own companies or premises the ability to supply alcohol opens up many possibilities. The process for obtaining one may seem quite complicated, but by working through each of the steps it need not be too difficult.
Chris Unitt is a licensing practitioner and the founder of Osiris Licensing. He has a wealth of experience of applying for alcohol and entertainment licences for a wide variety of premises and also represents clients at hearings before Licensing Committees. He also provides training on all aspects of the Licensing Act 2003 and is the main contributor to the Personal Licence guide.
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