Personal Licence

Who needs to apply for a personal licence?

Under the Licensing Act 2003 alcohol can only be sold or supplied in licensed premises (other than clubs) if there is a Designated Premises Supervisor (or DPS) for those premises.

The designated premises supervisor must hold a personal licence under the Act. The designated premises supervisor will be the person running the premises on a day-to-day basis where alcohol is sold.

In addition to the need for a designated premises supervisor it is also a requirement of the Act that every supply of alcohol in licensed premises (other than clubs) must be made or authorised by a person who holds a personal licence.

The effect of the above provisions is that all premises (other than clubs), which are licensed to sell or supply alcohol, must have at least one personal licence holder. Whilst there is no restriction on the number of personal licence holders that any one premises can have, there is no need for all staff who are serving or selling alcohol to hold personal licences.

Who can apply?

For an application for a personal licence to be lawful and valid, it must be made by someone who is over the age of 18, and, if they are living in the UK, they must be entitled to be in the UK and to work in a licensable activity.

How do I apply?

In order to apply for a personal licence you need to complete and submit a personal licence application pack.

When you have completed and signed the form you must send it together with the following documents:

• Disclosure of Convictions and Civil Immigration Penalties and Declaration

• Original basic Disclosure and Barring Service (DBS) check

• Original Licensing qualification

• Two passport sized photographs, one endorsed as a true likeness

• Proof of your right to work in the United Kingdom

• Fee - £37

Licensing Officer (Alcohol & Entertainment)
Ribble Valley Borough Council
Council Offices
Church Walk
Clitheroe
Lancashire
BB7 2RA

How will my application be determined?

If your application is in order and you fulfil the relevant criteria for the grant of a personal licence and have no relevant criminal convictions or civil immigration penalties, the Council must grant your application. There will be no need for you to attend a hearing.

If you have a relevant criminal conviction and the police object to the application then the Council will hold a hearing to consider the objection. You will be entitled to attend the hearing and make representations.

When an applicant declares that they have been required to pay an immigration penalty or convicted of an immigration offence, or a foreign offence comparable to an immigration offence, then the Council is required to notify the Home Office (Immigration Enforcement). The Home Office may object to an application on the grounds that granting the personal lience would be prejudicial to the prevention of illegal working in licensed premises. As with the objections from the police, the applicant is entitled to a hearing if the Home Office (Immigration Enforcement) objects to an application.

What form will the licence take?

The licence if granted will be in the form of a physical document and will be in two separate parts. The first part will be in durable form and of a size no larger than 70mm x 100mm. It will contain the following information:

• the holder's name and address;

• the name of the licensing authority which granted it;

• a photograph of the holder;

• a unique reference number.

The second part will contain the following information:

• a record of any relevant offences of which the holder has been convicted including the date of conviction and the sentence imposed;

• the holder's name and address;

• the name of the licensing authority which granted it;

• a unique reference number (this will be the same number as in the first part of the licence).

When will the new licence take effect?

A personal licence once issued takes immediate effect and runs from the date it was granted.

How long will the licence last?

Personal licences remain valid unless surrendered, suspended, revoked or forfeited by an order of the court.  A personal licence also ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

The requirement to renew a personal licence was removed from the Licensing Act 2003 by the Deregulation Act 2015 which came into effect on 1 April 2015. Personal licences issued before 1 April 2015, which have an expiry date will remain valid and such dates will no longer have effect.

Once granted, the licensing authority which issued the personal licence remains the 'relevant licensing authority' even though an individual may move out of the area or take up employment elsewhere.

What if my circumstances change?

The Licensing Act 2003 places the personal licence holder under a duty to notify the licensing authority of changes in their personal circumstances. In the event of a change of name or address, the licence holder should serve notice on the licensing authority, the notice to be accompanied by the Personal Licence and the fee of £10.50.

The holder of a personal licence is also under a duty to notify the licensing authority if he or she is convicted of a relevant offence, foreign offence or immigration penalty. The notification should be accompanied by the personal licence. No fee is payable.