Appointing second personal license holder "isn't a necessity" says legal expert.
Morning Advertiser legal expert Peter Coulson has questioned claims that licensees should appoint more than one personal licence holder.
Speaking at the Guild of Master Victuallers annual conference, Guild solicitor Tom Henry of the Reece Jones Partnership urged licensees to appoint two personal licence holders.
Over-zealous officialsHenry said this was to ensure over-zealous officials don't close pubs when the licensees are absent.
"There was a case in Barnsley where a couple had to return from their holiday because police had closed down premises due to a lack of personal licence holder," he said.As long as the proper delegation is carried out, it is only necessary to have one personal licence holder.Peter Coulson, Legal editor
But Coulson said the guidance issued by the Department for Culture, Media and Sport (DCMS) surrounding the Licensing Act 2003 clearly states this isn't a necessity.
"As long as the proper delegation is carried out, it is only necessary to have one personal licence holder. Although for some premises it may be sensible to appoint another, for many it is not and licensees shouldn't feel they have to do this," he said.
Review expectedCoulson said he hoped the review of the guidance - which the DCMS said is expected "in the next month or so" - will clarify the issue.
Henry also urged licensees to think carefully before Volunteering to become designated premises supervisors in community centres and village halls.
He said: "If there is any trouble, the buck ultimately stops with you and may affect your own licence."
Are you thinking of appointing a second personal license holder? Email us by clicking this link.
