Legal advice: On course for a change

To be granted a personal licence, qualifications are a must.

by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson.​

At the end of July, the government published the syllabus for the new personal licence qualification. This syllabus sets out the subjects that courses for the new personal licence holder qualification must cover to gain accreditation by the secretary of state.

One of the conditions when applying for the issue of a personal licence under the Licensing Act 2003 is that the applicant must hold an accredited qualification. When an application is made for a new personal licence, the licensing authority must grant the applicant a personal licence if they:

• are aged over 18
• possess a relevant licensing qualification (ie one issued by a body approved by the secretary of state)
• have not had a licence forfeited in the last five years
• have had no convictions for relevant offences including foreign offences.

The government has indicated that the syllabus for the licensing qualification will include the following topics:

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

Transition​

Those of you who are currently holders of liquor licences will be able to obtain a personal licence during the transitional period without having to attend one of the new licensing courses. The government has provisionally indicated that the transitional period will commence in March 2004 and last for a period of six months.

During the transitional period, current liquor licence holders will be able to convert their licence to a personal licence without the need to obtain an accredited qualification.

Current licence holders will need to lodge the following documents with the licensing authority:

• their justices' licence (or a copy of the original, certified by a solicitor, clerk of the court or other specified person)
• a photograph of the applicant in an agreed form (details awaited) with a statement by a specified person (details awaited) confirming the likeness of the photograph to the applicant
• where the applicant has been convicted of a "relevant offence" or a "foreign offence", details of those offences.
  As all current liquor licence holders have already been before a court and approved by magistrates as "fit and proper persons" to hold a justices' licence, they will not be required to possess a licensing qualification.

Subject only to the right of the police to object in exceptional circumstances on crime prevention grounds, the licensing authority is obliged to issue a personal licence to an applicant.

Action​

Every person who currently holds a liquor licence will be able to apply for a personal licence during the transitional period, without the need to obtain the new licensing qualification.

In certain areas, licences are held by a number of individuals for each site. For example, the area manager, manager and assistant manager may all be joint holders of the licence for a venue. Under the new law all of these individuals will be entitled to apply for a personal licence.

It might be a good idea to transfer licences to appropriate individuals now (check first that your court will allow multiple licence holders). This will ensure that individuals can apply for a personal licences once the transition period starts. This will avoid the delay and expense of attending a licensing qualification course at a later stage, when an application is made for a new personal licence.

Related articles:​

Syllabus for personal licence qualification explained (4 August 2003)