WHAT YOU MUST KNOW AS A LICENSEE UNDER: LICENSING ACT

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As of 24 November 2005 (or any such later date as announced by the Government after the time of writing) the Licensing Act 2003 came into force.  


With the arrival of the Licensing Act 2003 and the freedom which it professes to afford to operators come a large number of offences, some relating to fundamental issues concerning licensing and some relating to more administrative matters.  Below is a list of these and should be used as a check list for those who hold Premises Licences, Personal Licences and those who run Temporary Events.  In addition, there are a large number of general offences which can apply to anyone working in licensed premises.

Premises Licence Holder

Failure to notify Licensing Authority of change in name or address – Level 2 £500 fine.
Failure to notify existing premises’ supervisor that Premises Licence has been varied to replace them with another or that such application has been refused – Level 3 £1,000 fine.
Failure to provide Premises’ Licence (or statement of reasons for failure to do so) to Licensing Authority within 14 days of direction from the premises supervisor who has given notice of intention to cease. – Level 3 £1,000 fine.
Failure to notify designated premises supervisor of application for transfer with interim effect (applicant and premises supervisor not the same person) – Level 3 £1,000 fine.
Failure to notify premises supervisor of interim authority notice – Level 3 £1,000 fine.
Failure to produce Premises Licence at the request of the Licensing Authority so that it may be amended – Level 2 £500 fine.
Failure to keep Premises Licence or certified copy at the premises – Level 2 £500 fine.
Failure to display summary of Premises Licence or certified copy and notice specifying any nominated person – Level 2 £500 fine.
Failure to produce Premises Licence or certified copy to authorised person for examination – Level 2 £500 fine.
 
 

Personal Licence Holder

Failure to notify Licensing Authority of relevant offence or foreign offence during grant or renewal – Level 4 £2,500 fine.
Failure to notify Licensing Authority of change of name or address of Personal Licence holder – Level 2 £500 fine.
Failure to notify court of Personal Licence when being dealt with for relevant offence – Level 2 £500 fine.
Failure to notify Licensing Authority of conviction for relevant or foreign offence – Level 2 £500 fine.
Failure to produce Personal Licence within 14 days to Licensing authority to be updated – Level 2 £500 fine.
Failure to produce Personal Licence to authorised person or a constable – Level 2 £500 fine.
 

Temporary Activities

Obstructing authorised officer from inspecting temporary event premises to assess impact upon crime prevention objective – Level 2 £500 fine.
Failure to display Temporary Event Notice, or keep the notice in the custody of the premises user (who is at the premises) or nominated person (a notice of nomination must also be on display at the premises) – Level 2 £500 fine.
 

General Offences

Failure to afford entry to a constable or authorised person for purposes of assessing the impact of the grant of a licence, provisional statement, variation or review of licence upon the licensing objectives – Level 2 £500 fine.
Knowingly allow or carry on unauthorised licensable activities – 6 months prison sentence and/or £20,000 fine.
Unauthorised exposure for sale of alcohol – 6 months prison sentence and/or £20,000 fine.
Unauthorised possession of alcohol with intent to sell or supply in club – Level 2 £500 fine.
Allowing disorderly conduct on licensed premises – Level 3 £1,000 fine.
Sells, attempts to sell or allows sale of alcohol to person who is drunk – Level 3 £1,000 fine.
Obtaining or attempting to obtain alcohol to person who is drunk – Level 3 £1,000 fine.
Failure to leave licensed premises or attempt to enter premises following request by a person who is drunk or disorderly. Request from constable or authorised person, e.g. Premises Licence Holder, Premises Supervisor etc – Level 1 £250 fine.
Keeping unlawfully imported goods on relevant premises – Level 3 £1,000 fine.
Sale of alcohol in or from moving vehicles – 3 months prison sentence and/or £20,000 fine.
Sells or attempts to sell or allows sale on train contrary to prohibition order – 3 months prison sentence and/or £20,000 fine.
False statement in connection with licensing application – Level 5 £5,000 fine.
Obstructing entry of a constable or authorised person to investigate unauthorised use for licensable activity – Level 3 £1,000 fine.
Sale/supply of alcohol to under 18 – Level 5 £5,000 fine.
Allowing sale/supply of alcohol to under 18 – Level 5 £5,000 fine.
Sale/supply of liquor confectionary to under 16 – Level 2 £500 fine.
Purchase/supply of alcohol by or on behalf of under 18 – Level 3 £1,000 fine (person under 18); Level 5 £5,000 fine (person on behalf of under 18).
Consumption of alcohol by under 18 or knowingly allowing the consumption to occur – Level 3 £1,000 fine (under 18) Level 5 £5,000 fine (person permitting).
Delivering or allowing delivery to under 18 – Level 5 £5,000 fine.
Sending an under 18 to obtain alcohol for consumption off the premises – Level 5 £5,000 fine.
Allowing under 18 to sell alcohol – Level 1 £250 fine.
Breach of closure order in identified area – Level 3 £1,000 fine.
Breach of closure order for identified premises – 3 months prison sentence and/or £20,000 fine.
Breach of Magistrates closure order – 3 months prison sentence and/or £20,000 fine.
Breach of closure order pending reconsideration of conditions – 3 months prison sentence and/or £20,000 fine.
 

As you can see from the above it is more important than ever to be organised.  All of these matters need to be borne in mind by people involved in running licensed premises under the Licensing Act 2003.

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