The Licensing Act 2003 came into force in November 2005 and has consolidated and simplified the previous rules which applied to licensed premises.
Under the new regime, a two-fold licensing system has been implemented. Anyone who owns a licensed premises will be required to obtain a Premises Licence and a Personal Licence if they intend to run the pub. Otherwise they would need to ensure that the person managing the premises on a day to day basis holds a Personal Licence.
Premises Licence
- A Premises Licence is required for each and every premises that is to be used for the sale and supply of alcohol. This Licence will also cover other licensable activities that extend beyond the sale of alcohol and that would previously have required separate licences, such as the provision of regulated entertainment.
- In order to obtain a Premises Licence, a full application should be made to the relevant Licensing Authority. Licence fees will vary depending on the area and the business rates payable for the premises however the basic procedure is the same and will involve consultations with various local bodies including the Police, Fire Service and Magistrates Court who will assess every Premises Licence application.
- A Premises Licence will only cover the specific area indicated on the plan annexed to the original application and should this area be extended or reduced, a variation to the licence will need to be applied for.
- All licensed premises selling alcohol must have a Designated Premises Supervisor DPS. This should be the person who carries on the day to day running of the business. The DPS will be the first point of contact for the Police and Local Authority and will be personally responsible for any offences relating to alcohol sales therefore the DPS must consent to holding the position. The DPS must be a holder of a Personal Licence.
- Once the Premises Licence has been granted, it does not have an expiry date and is effective until such time as it is revoked, suspended or surrendered. In the event that an existing licensed premises is purchased, it is necessary to amend the details of the Premises Licence holder.
Personal Licence
- A Personal Licence allows an individual to authorise the sale or supply of alcohol under the Licensing Act 2003. Where the sale or supply of alcohol is one of the activities carried out at the premises, there should be at least one Personal Licence holder, one of whom must be the DPS.
- The licensing of individuals separately from the licensing of premises allows greater flexibility as it permits the movement of Personal Licence holders from one premises to another. This is in contrast to the previous system where publicans were tied by licences to the premises where they work.
- In order to obtain a Personal Licence, an individual must obtain an accredited Personal Licence Qualification and a Criminal Record Bureau check.
- A Personal Licence relates only to the sale of alcohol under the provisions of a Premises Licence. A Personal Licence only allows its holder to sell alcohol at premises in possession of a Premises Licence which in turn authorises the sale of alcohol at that premises. This means that the authority of a Personal Licence cannot be used to sell alcohol in any premises that does not possess a Premises Licence.
- Once granted, a Personal Licence is valid for 10 years or until such time as it is surrendered, suspended or forfeited.
Franklins Solicitors LLP's Commercial team is highly experienced in dealing with acquisitions and disposals of pubs, clubs and other licensed premises and can advise and assist you in all aspects of such matters including
- Selling or purchasing an existing pub lease with stock, assets and goodwill
- Obtaining a brand new pub lease from a brewery
- Selling or purchasing a freehold licensed premises
- Applying for a new Premises Licence
- Transferring or varying/amending a Premises Licence
- Obtaining a Personal Licence
- Changing the Designated Premises Supervisor
- Transferring current employees and managers
- Health and Safety matters
The information above is a brief summary of how the new system operates and should be used as a guide only. For further information, please contact Andrea Wyld or Jade Bailey on 01908 660966.
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