ACS

Licensing

 

This section will assist you in your role as a retailer of alcohol, it will explain the Licensing Act and provide advice on all aspects of having an alcohol licence.

Click below to read the advice guides:

 

Licensing Act 2003

The Act is underpinned by four licensing objectives which are the basis upon which all applications will be considered as well as the grounds upon which any challenges or objections are made:

• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance; and
• the protection of children from harm.

The Act means that a person can attain a personal licence which will allow them to sell alcohol from any licensed premises, and the premises will be licensed separately according to set criteria. 

Flexibility on Hours – Businesses can apply for anything up to 24 hour 7 days a week licences. The local authority will only have the power to refuse or change the licensing hours you apply for if they receive an objection. 
Presumption to Grant Applications – All applications that comply with the requirements and do not receive an objection within an appointed timescale will be granted. 

Licence Reviews – Objections can be raised against a licence at any time and these have to be considered by the local authority. Firstly by the licensing officers to ensure the objection is in line with the objectives and is not repetitive, vexatious or frivolous and then by a hearing for Licensing Committee. 

 

Applying for a Licence

 

Making an Application

The Department for Culture, Media and Sport (DCMS) have recently announced that they will allow electronic licence application. This new process will simplify and reduce the cost burdens of applying for a licence. 

For Guidance on how to apply for a licence online please go to:
http://www.culture.gov.uk/images/publications/onlineapplication_guidanceforapplicants_dec09.pdf 
 

The Premises Licence represents the agreement of the Local Authority to allow the conduct of licensable activities on your premises. 

In your application you will set out how the premises will be run, this is called the Operating Schedule. Your operating schedule will be considered by the local authority in consultation with interested parties in the local area including, police, fire, environmental health, voluntary organisations, local politicians and local people. If no objections are raised your licence is granted, if there are objections then the local authority will hold a hearing to determine the licence. 

All applications will be made to the licensing department of the local authority. The licensing authority is the Council to which you pay your Business Rates. 

Your Council will have a team or individual responsible for licensing who will be able to help you with any questions you have when putting together your application. Contact your Council to find out more about who will deal with your application. You must also be prepared that some questions will not be answered and you may be advised to seek independent legal advice. 

Find your local authority here.

You must decide who you want to hold the premises licence, it does not have to be an individual, it can be a business or it can be more than one person. 

Applications will include the following:

• Licence Fee;
• Operating Schedule;
• Plan of the Premises;
• Letter of consent from the Designated Premises Supervisor (DPS);
• Fire Risk Assessment (may be required by some local Fire department).

You can find the licence fee levels here.

Operating Schedule 

Your operating schedule sets out information such as your licensing hours, and who will be responsible for alcohol sales. 

All operating schedules will have to include the following information, however some authorities may have additional requirements. 


 

 

Information Required	What You Write
The type of business you run	Own or manage a convenience store, newsagent, village shop or off licence
The licensable activities to be conducted on the premises	The sale of alcohol by retail and also possible provision of late night refreshment
The licensing hours	Unless you have some specific reason not to you should apply for a license that permits the sale of alcohol during the hours that your store is open
The name and address of the DPS	As appropriate
Type of alcohol licence	The sale of alcohol for consumption off the premises
The steps which the applicant proposes to take to promote the licensing objectives	There are a number of concerns that the Local Authority and consultees will be looking for including:  • A strong No Proof No Sale policy;  • Use of point of sale on ID checks;  • Evidence of training of staff;  • Number of staff employed in the store that hold a personal licence;  • Security measures in your store.

 

Plan of Premises

You will need to provide a plan of the layout of your store. It is important to consider that the local authority, Police, Fire Authority and others will be looking at key things on the plan including: the size and location of the selling spaces dedicated to alcohol and the security measures in place.

Fire Risk Assessment 

One of the bodies to be consulted on your application is the Fire Authority. They will have a policy set locally on what they will be looking for from applicants. In many cases the Fire Authority will be asking that the applicant can prove that the premises has undergone a fire assessment as they are legally required to do under the Fire Safety Act – You may need to provide evidence of that assessment with you application.

 

 

Designated Premises Supervisor

 

You are required to appoint an individual who is the “designated premises supervisor” (DPS) for the store. They will be the individual, who is responsible for the operation of the premises. This individual will be the contact for any immediate concerns. They will, for example, be required to talk to local police as issues arise relating to the sale of alcohol on the premises or in the area around the store. 

The DPS must hold a current personal licence.

There is nothing in the 2003 Act that requires the DPS to be on the premises at all times when alcohol is being sold. What is essential is that the DPS is contactable, particularly should problems arise with the premises. 

There is no problem with an individual being both premises licence holder and DPS. Where the DPS is not the premises licence applicant  you have to submit a signed letter from them accepting the responsibility. 

Therefore you should select the most appropriate individual and nominate them to the local authority as the DPS, specifying name and address. The DPS would most often be the store-owner in the case of an independent retailer or the store manager in the case of multiples or groups. 

Some retailers who run more than one shop are considering appointing themselves as the DPS of more than one store. In the same way some groups are considering appointing area managers to the position for the stores they are responsible for. This is perfectly in line with the Licensing Act 2003. However it is important to remember that the Licensing Authority needs to satisfy itself that a DPS is taking their responsibility for alcohol sales seriously, and a significant amount of day-to-day contact with the premises is likely to be part of that. 

Each decision has to be taken on a case- by- case basis, and the way to decide what is the best decision for your store is, where possible, to discuss your plans with the local authority. They should be able to give you a strong indication of what they think of how you propose to manage this aspect of your licence. 

Any changes to the DPS have to be notified to the licensing authority immediately and a new DPS nominated, who can take-over effective immediately. To do so you must write to or deliver written notification to your local authority. You must also provide a letter from the new designated premises supervisor signalling their consent to take the role on. 

Your business is operating outside its licence if there is no designated premises supervisor appointed when alcohol is being served. 

 

Late Night Refreshments

 

The Licensing Act 2003 does not just affect alcohol, there are other licensable activities that will be run by this system, these include public entertainment and late night refreshment.

Cafes and takeaway outlets serving hot food or drink between the hours of 11pm and 5am require late night refreshment licences but the law will also require a minority of stores that provide hot food and drink late at night. 

Here are some examples: 

You DO need a late night refreshment licence if you sell over the counter hot food, such as food to go (pasties and pies) or takeaway (burgers, fries) between 11pm and 5am 

You DO need a late night refreshment licence if you sell hot drinks over the counter. 

You DO NOT need a late night refreshment licence to sell grocery or non-hot food late at night. 

You DO NOT need a late night refreshment licence if you have a vending machine that sells hot food and drink, but is operated by the customer inserting money in the machine rather than paying you over the counter.

 

 

Advertising your Application

 

You are required to take reasonable steps to ensure that local people are aware that you are applying for a licence and give the opportunity to raise any objections. 

The Licensing Act 2003 requires that you display an A3 size poster outside your premises which sets out:

• the proposed licensable activities – the sale of alcohol for consumption of the premises
• the proposed access for children – children will be admitted during opening hours
• the proposed licensed hours.

The Application Checklist

Have you filled all relevant parts of the form? 

Have you included the appropriate fee? 

Have you included a plan of your premises including layout of till, security equipment and siting of alcohol? 

Have you included a copy of your advert displayed outside your store? 

Have you included a signed letter from the individual nominated as your designated premises supervisor? (if the DPS is not you) 

 

 

Personal Licence

A personal licence to sell alcohol works like a driving licence once you pass the test you can use it in any licensed premises. It is renewed every 10 years. However, if you commit an offence which jeopardises that licence you will have it revoked. 

All licensed premises must have one personal licence holder and in every case a premises will have one designated premises supervisor who holds a personal licence. 

 

Making an Application

 

You must be 18 or older to apply for a personal licence to sell alcohol. A guide to your application is available below. 

  Personal Licence Pack - Licensing Solutions
 

There are three parts to the application: 

(a) Applicants must hold a BII Level 2 qualification. 

Topics outlined in the syllabus include:

• licensing authorities
• personal licences
• alcohol
• unauthorised licensable activities
• Police powers
• duties of the personal licence holder
• premises licenses
• operating schedules
• permitted temporary activities
• disorderly conduct on licensed premises
• protection of children
• rights of entry

Accredited training facilities are available around the country to find your nearest one contact the British Institute of Innkeeping on 01276 684449 or visit the BII's website. 

(b) Applicants must undergo a police check 

The law requires that the local authority granting the personal licence is satisfied that you have not committed any offences that would prevent you from holding a licence. Therefore the local authority will require a basic level Criminal Records Bureau (CRB) check. 

This check can be carried out by you local authority another registered company such as your employer or you may be able to obtain one yourself. 

(c) Personal Licence Fee 

The fee for a personal licence application is £37, with the same fee on each renewal, at ten yearly intervals.

 

Role of the Licence Holder

Having received a licence to sell alcohol you will become integral to the stores operation, you will be entrusted with taking responsibility for sales of alcohol made under your authority. If you are the sole personal licence holder your responsibility will extend to all alcohol sales made from the store in which you work, if there is more than one licence holder you can share the responsibility with others. 

However, it is important to note that there will always be one personal licence holder in overall charge of alcohol sales on the premises, the designated premises supervisor. 

Authorising the Sale of Alcohol 

As a personal licence holder you DO NOT have to be present at, or on the premises during, the sale of alcohol. A personal licence holder can give authority to others to sell alcohol, in their absence, however you cannot escape responsibility for any infringements of the premises licence or the law if occurs in your absence. 

It is imperative that staff employed in the sale of alcohol are adequately trained to ensure that your staff know the law and what is required of them. 

If staff employed under your responsibility break the licensing law, for example selling to underage customers, your personal licence could be at stake. 

Who should hold a Personal Licence? 

Every store has to have one personal licence holder responsible for the sale of alcohol. If there is only one individual then they will have to be the designated premises supervisor. 

However it is possible for more than one personal licence holder to work at a store. For example if a store has a number of assistant managers it is worth considering the value of training them through the personal licence qualification. This will allow for a sharing of responsibility for alcohol sales. It will also reflect well on any applications for a licence or in the event of a review. 

However, beyond the designated premises supervisor you are under no obligation to employ other personal licence holders. 

 

Offences

 

If you have a personal licence your licence is at risk if you commit an offence which is relevant to that licence, whether that be in your work capacity or not. Therefore in the event of a conviction you are under a duty to inform your licence issuer of that offence.

Police Powers to Close Licensed Premises for up to 24 hours 

The Police have the power to order the closure of premises selling alcohol to prevent or control major civil disturbances when a potential disturbance is possible. 

The Police have two powers under the Act 

1. The Police can apply in advance to the Magistrates for a closure order, this would require all licensed premises in an area to shut down for a period up to 24 hours. This is designed as a way to prevent disturbances before a particular event – football match, demonstration and festivity. 

2. The Police can invoke an immediate closure order, on the premises where disturbances are taking place on or near to the premises. This can be for up to 24 hours and such a procedure is considered retrospectively by the Magistrate. This is designed to handle localised and spontaneous disorder in an area. 

A police closure order applies to the whole store and is not just the sale of alcohol.  

Police Closure Procedure: 

In the event of a pre-planned closure (football crowds, demonstrators etc) you will receive written notification of the plans, this will set out when the closure applies. It will also set out what the penalties are for not complying with the order. 

The Order is made under the authority of the local magistrate following representation from a senior local police officer (superintendent or above). 

In the event of an immediate problem a police officer can issue a closure order on the premises. This is done under the authority of a senior officer. 


Working with the Police 

Closure powers are seen as a way of protecting local areas to prevent or control civil disturbance. In these exceptional cases your store and your staff could be victims of large unruly crowds, suffering theft, vandalism and intimidation. You may choose to close your premises without Police instruction if you expect a disturbance. 

In the event of any such problems you should, where possible, work with the Police to minimise disruption to your business. 

If the Police feel that your premises, or those responsible for the premises, were responsible for the disorder that took place on it, then they will most likely ask for a review of your licence. You should co-operate fully and quickly with Police in this situation. 

Establishing a good working relationship with local police is a key way to ensure that you minimise the problems with your alcohol licence generally.

 

The Applications Process

 

The licensing officer will check your application is correctly filled out. Incorrectly completed applications will be sent back to you, so make sure you check your application through carefully, and that all necessary papers are included, before submitting it. 

If you are unsure about the way you have filled out the forms you may be able to book an appointment with your licensing officer and ask them to check through it with you when you submit it.

Employing the Experts 

You can decide that you do not want to handle your application yourself. For example you may have an application that you feel is particularly sensitive, or complicated, or you might simply feel that you would prefer to employ a professional for piece of mind. 

There is a diverse choice of different services available to help with your alcohol licence. There is also a range of deals, including in some cases “no win no fee”, or free initial consultations. 

You can also seek professional advice after you have made an application if you encounter problems with your local authority or you have to apppeal a decision. 

ACS can recommend the following licensing specialists: 

GP Retail Services are specialists in helping businesses cope with regulatory burden, for help with your alcohol licence contact Stewart Gibson on 01476 569250 via email. 

Lockett & Co, Retail and Licensing Consultants – are the largest company giving off licence application help to the independent trade. They offer the facility of a site survey to assess the potential problems and identifying sites not worth pursuing. Once a site is agreed they complete the off License application for a single one off fee. Contact Chris Mitchener on 01562 864488 or via email.

The local authority will have a set period of 28 days during which it will receive any comments on the application from interested parties. If no comments or objections are made then your application will be granted at the end of that period. 

If an objection is received the licensing officer is required to assess the objection on the grounds set down in the legislation and guidance. The officer is required to check whether the objection:

• is made by someone with a right to object;
• whether it is made in line with the 4 licensing objectives;
• whether it is repetitious, vexatious or frivolous; and
• check that is not substantially the same objection which was received at a previous time.

The licensing authority has the power to attempt to resolve practical problems informally without a hearing if all parties are in agreement. Licensing authorities may seek to do this in order to reduce costs and efforts for all involved. 

If the objection is reasonable and no compromise can be found the local authority will convene a meeting of its Licensing Committee. 

The Licensing Committee 

The Licensing Committee decides the application. The committee is formed of between 10 and 15 Councillors, but the authority may choose to convene a Sub-Committee of a smaller number (min 3). 


A Fair Hearing? 

If you think that a Councillor is compromising your application due to a personal concern, such as they or their family live near your store, or similarly if they have an interest in a competing business, you can raise your concerns with the Council. 

However remember that this also works the other way so any Councillor that acts in this way on your behalf must also declare their interest. 

Any Councillor who has an interest that could be perceived to prejudice their thinking on the application (financial, family or other) should declare that interest and depending on the degree of that interest should not be involved in deciding the application. 

If you believe that any Councillor has such an interest you should contact the local authority’s Monitoring Officer and talk through your concern. For more details of interests and Councillor ethics see www.standardsboard.gov.uk.

Appeals to the Magistrate

 

You are entitled to appeal against a refusal of your application and also against imposed conditions. Appeals go to the Magistrates Court. 

If you wish to appeal against the decision of a licensing authority on a premises licence, you appeal to the magistrates responsible for the area in which your store is situated. This may not be the same area as where your licensing authority is located. 

If the local authority has granted your licence against objections, the objectors are also entitled to appeal against the local authority’s decision. In this case you and the local authority are entitled to respond to the appeal in Court. 

To make an appeal you have to submit a notice of appeal within 21 days of being formally notified of the licensing authority’s decision. The submission is made to the justice’s chief executive for the magistrate’s court. 

The Court can decide on the award of costs. 

The Court is empowered to make the following decisions:

• dismiss the appeal;
• substitute the local authorities decision for another decision (grant an application dismissed by the licensing authority, or remove conditions imposed by the local authority);
• The Court can send the application back for consideration by the local authority but give directions as to what they have to do.

Changing Your Licence

Any changes to a Premises Licence have to be notified to, or applied for, from the licensing authority. The authority is required to ensure that there is adequate opportunity for interested parties to make representations. There is likely to be an administrative charge for any changes. 

Typical examples would be changes to your premises or operating schedule, such as longer opening hours or changes to the premises (extensions). 


Planning Ahead 


Before making your application you should consider what your plans for your business are. If you can foresee the possibility of opening for longer hours, or that you plan to open longer during specific times in the year you should consider applying for a licence which will not have to be changed at that time. 

You can apply for a licence for up to 24 hours, 7 days a week, and once you have agreed the hours you don’t have to use them. However, remember the later you wish to open the more likely that you may face objections from local people and if you make an application for a 24/7 licence local people may be more likely to object. 

Alternatively you can apply for longer hours at specified times of the year, for example in the weeks leading up to Christmas, or around an annual local event. As long as you define these on your operating schedule then you will not have to make variations to your licence. 


Exceptions include: 


1. Transfer of licence from one person or business to another:

This is an administrative procedure. However in exceptional circumstances the Police have the right to object to the proposed premises licence holder if they have cause to believe that that individual or business would pose a crime risk and if so advise the Local Authority who will be required to hold a hearing. 

2. Changing the Designated Premises Supervisor:

Your licence is not valid without a designated premises supervisor responsible for the premises. In the event of a changeover, the local authority must be notified immediately. The nominee must be a personal licence holder and sign a letter of consent. They have immediate authority on submission of notification so you will not have to stop trading, however in exceptional circumstances the Police do have the power to object within 14 days to that nominee, on the grounds of their position would undermine the crime prevention objective. 

 

Licence Review

The Government envisage that the majority of applications for a licence will not be contested by the authorities or by local people. Therefore the majority of licences will be granted without hearings or objections. This is possible because a licence may be reviewed at any time. This may be as a result of a breach of the licence, or because of a complaint by police, environmental health section of the Council in relation to noise, nuisance or health & safety or by a member of the public. 

If a complaint is received the licensing officer is required to assess the complaint on the grounds set down in the legislation and Guidance, whether it complies with the licensing objectives and whether it is irrelevant, frivolous or vexatious. They are also required to check that it is not substantially the same complaint which was received at a previous time including during the original application or variation. 

As with an objection to an application the licensing officer will seek to facilitate to compromise where possible and organise a formal hearing. 

The Review follows the same procedures as an application hearing, heard by the Licensing Committee and they have the same options available to them as the application stage; to dismiss the review, to remove the licence or to impose further conditions on the licence. 

Any decision made at review can be appealed through the Magistrates Court in the same way as a refused or amended application. 

 

Licensing on a Forecourt

The Licensing Act 2003 states that “premises used primarily as a garage or which form part of premises which are so used” are excluded from the sale by retail or supply of alcohol. 

The Guidance to Local Authorities explains the case law by which a licensing authority can grant an alcohol licence to a store that trades on a forecourt. The key is being able to prove that your store is not used primarily as a garage, this is most usually done by measuring customer usage of the store. EPOS data can be used to show that your store does a significant proportion of non-fuel business in terms of transactions. 

Scottish Licensing

 

ACS is working with our partner organisation the Scottish Grocer’s Federation on the changes to the Scottish Licensing System.

The downloadable newsletter below explains the current situation.

If you have any further questions email jenny.brown@acs.org.uk 
 

  Scottish Licensing Newsletter August 2009