All sales of alcohol must be made by or under the authority of a Personal Licence holder. Not everyone who makes a sale has to hold a Personal Licence, as long as a personal licence holder has authorised the sale. This does not apply to qualifying clubs or premises operating under a Temporary Event Notice.
Application for a Personal Licence
The new applicant must be over 18 and hold a licensing qualification that has been accredited by the Secretary of State, or provide proof that they are a person of prescribed description. Under new measures, brought in as part of the Immigration Act 2016, immigration checks will be part of the process for applying for a licence. A personal licence will not be issued to anyone who does not have permission to be or work in the UK. Your application must include:
- completed application for a personal licence form
- completed disclosure of convictions and declaration form
- documents which demonstrate entitlement to work in the UK
- a Police Check Certificate which should be in one of the following forms:
- 1) a criminal conviction certificate issued under section 112 of the Police Act 1997(a)
- 2) a criminal record certificate issued under section 113A of the Police Act 1997
- 3) the results of a subject access search under the Data Protection Act 1998(b) of the Police National Computer by the National Identification Service.
In any case such certificate of search results shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority. A subject access search form can be obtained from the local police station. Alternatively, a basic disclosure can be applied for or call 0870 609 6006. Further information can be obtained by calling the Data Protection Unit on 0845 4567 000.
If there are relevant offences, the police can make a representation against the application on crime prevention grounds. If the police make a representation then there will be a hearing of the application.
- Application for a personal licence and disclosure of convictions form £37
The approved licensing qualification is the National Certificate for Personal Licence Holders. Two photographs of passport-style, one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification.
Designated premises supervisor
You can have as many Personal Licence holders on your premises as you wish, providing there is only one Designated Premises Supervisor. You can also choose to become a Personal Licence holder if you wish to apply for more than five temporary event notices a year.
All premises operating under a Premises Licence to sell or supply alcohol must appoint a designated premises supervisor (DPS) for the premises. There can only be one DPS per premises. The DPS will be held as the person in overall charge of the premises. You should therefore choose this person with care.
Applicants must nominate the DPS on their application form. This person does not have to be on the premises at all times, but they must take responsibility for what happens there. This means the DPS should ensure any staff they appoint are appropriately trained in the requirements of the Licensing Act 2003 and of any specific conditions attached to the Premises Licence. A person cannot become a DPS unless he is also a Personal Licence holder.
Although qualifying clubs don’t need a DPS to sell alcohol to members and their guests, this exemption does not apply if the premises are hired out for wedding receptions and the like. You need a full Premises Licence for these activities (unless you are only holding a small number of events, which you can hold under a temporary event notice) and therefore need to appoint a DPS.