Legal guide: applying for a personal licence
A personal licence is a licence that authorises the individual to sell or supply alcohol from a licensed premises.
All premises licensed under a premises licence, which authorises the sale or supply of alcohol, must have an identified personal licence holder known as the designated premises supervisor (DPS), and every sale of alcohol must be made or authorised by a personal licence holder (with the possible exception of ‘community premises’).
The requirement for a personal licence relates only to the supply of alcohol under a premises licence and not to the supply of alcohol under a club premises certificate or temporary event notice.
For those looking to obtain personal licences to permit them to sell and supply alcohol at their premises, we have put together a brief guide to applying for a personal licence.
Firstly, in order to apply for a personal licence the individual must be over 18 years of age and not have forfeited a personal licence during the past five years.
Getting the right qualification: If individuals (with the exception of certain prescribed persons) wish to apply for a personal licence, they must first hold a recognised licensing qualification and are, therefore, required to attend and pass a course to get the Award for Personal Licence Holders (APLH).
Applying for a criminal record check: On receiving the APLH certificate, an individual must apply for a Disclosure and Barring Service (DBS) check — basic disclosure. This can be obtained from Disclosure Scotland (this applies throughout the UK). The check costs £25; it may take at least 14 days to receive the reference. Please note local authorities will only accept DBS checks less than one calendar month old.
Applying for your personal licence
The following should be completed and sent to the individual’s local licensing authority:
- Personal licence application form (obtainable from the licensing authority or Home Office website).
- The original accredited licensing qualification.
- Two passport-sized photos that have been certified (signed) by someone with a professional job or qualification. They must write, “I hereby certify this as a true likeness of [individual’s full name]”, on the back of the photo and sign their name, with the date and their job title.
- A signed disclosure of convictions and declaration form (obtainable from the licensing authority or Home Office website).
- The application fee (£37).
- Original DBS disclosure.
Processing the application & relevant offences: On processing the application, the licensing authority must assess whether the applicant has any unspent relevant offences or foreign offences. The list of relevant offences is defined under the Licensing Act 2003 (offences include driving a vehicle when under the influence of drink or drugs).
If the applicant has provided the required documentation and fee and does not have any unspent convictions for a relevant offence or foreign offence, then the application must be granted by the licensing authority.
However, where an applicant has an unspent conviction for a relevant or foreign offence, the licensing authority must notify the police, who have 14 days to object to the application if they are satisfied that the application would undermine the crime prevention objective.
Where a police objection is made, and not withdrawn, the licensing authority must hold a hearing to determine the application. Where a decision to grant or refuse the application is made at a hearing, both the police and the applicant have a right to appeal.
If the application is granted the personal licence will be valid for 10 years unless it is forfeited or suspended by the court.
