Licensing Trade

The Licensing Act 2003

The Act requires a premises licence to be issued by the Local Authority for any or all of the following activities:-

Licensed premises must comply with four licensing objectives:-

The Licence is a document referred to as the Operation Schedule. The document prescribes the licensable activities that are permitted to take place and the times at which they can take place. This includes the times at which the premises may be opened and must be closed to the public.

Where the retail sale of alcohol takes place it is mandatory for the premises licence holder to appoint a Designated Premises Supervisor who has a duty to ensure that every sale of alcohol is made by or authorised by a Personal Licence Holder.

The Designated Premises Supervisor (DPS) is responsible for the day to day operation of the premises and has a duty to ensure the premises are operated in compliance with the operation schedule. Where they fail to meet this obligation they may be subject to a fine of up to £20,000 and or six months imprisonment.

It is the responsibility of the DPS to assess the risks associated with the operation of the business, with respect to the Licensing Objectives and ensure policies and procedures are in place to maintain compliance. Should the premises licence be called to review for none compliance, the Local Authority can require the replacement of the DPS.

Each Local Authority will set its own policy to ensure that it also complies with the four licensing objectives. This policy must be reviewed every three years in conjunction with stakeholders.

Every sale of alcohol must be made by or authorised by a Personal Licence Holder. Licensed premises therefore will have several Personal Licence Holders; they are only allowed one DPS, whose name will appear on the Operating Schedule. Staff who are casual or in training and have not yet gained their Personal Licence must be formally authorised.