Though many inspections pass without issue - and a negative visit is often followed by an advisory letter allowing time to comply, it’s important to remember any inspection has the potential to go further.
Where breaches of licence conditions are identified, this can lead not only to follow-up action but, in more serious cases, a review of the premises licence or prosecution of the Designated Premises Supervisor or licence holder.
With that in mind, below are some straightforward steps operators can take to ensure they are well prepared when a Licensing Officer calls.
1. Keep your licence documents in order
Every licensed premises must be able to produce its full premises licence (Part A) on request. This should be kept safely on site and must be either the original licence or a certified copy.
In addition, the licence summary (Part B) must be prominently displayed where it can be easily seen by staff and customers.
Failing to produce the full licence, or failing to display the summary, is a criminal offence under the Licensing Act 2003 and is a common issue raised during inspections.
2. Check the DPS is correct and in place
If alcohol is being sold at the premises, a Designated Premises Supervisor (DPS) must be in place.
Operators should regularly check the named DPS on the licence is still employed at the premises and actively involved in its management.
Selling alcohol where there is no DPS in place is an offence. This issue can sometimes arise following management changes, restructures, or periods of closure, so it is well worth checking before an inspection occurs.
3. Make sure management understand the licence
It is not enough for the licence to sit in a folder behind the bar. The management team should be fully familiar with the permissions and conditions attached to the premises licence.
This is particularly important where junior managers or supervisors may be left in charge. Anyone responsible for the premises should know:
- What licensable activities are authorised
- The permitted hours
- Any conditions relating to for example CCTV, training, last entry, door supervision, incident logs or the relevant age verification policy in place
- Where the licence documents are kept
Licensing Officers will often ask managers questions about licence conditions during an inspection.
4. Train staff and keep records
Following on from the above, staff training is a recurring theme during inspections. Officers may ask when staff were last trained, what the training covered, and whether records are kept.
Training should cover key areas such as age verification, refusals, proxy sales and incident management. Written records should be maintained, and staff should sign to confirm attendance. These records can be invaluable if issues arise later.
5. Ensure conditions are actually being complied with
One of the quickest ways for an inspection to escalate is non-compliance with licence conditions.
Common problem areas include:
- CCTV systems that are no longer operational or recordings cannot be produced or are not retained for the period the licence condition requires
- Training conditions that are not supported by written records
- Challenge 21 or 25 policies that exist on paper but are not applied in practice
- Missing signage, incident logs or refusals registers
- Door supervisors not on duty when required
A breach of a licence condition is an offence under the Licensing Act, even if the condition has been on the licence for many years.
6. Be prepared to respond to follow-up action
Where issues are identified, inspections are often followed by a letter setting out required actions and a timescale for compliance. These letters should be taken seriously and addressed promptly.
Failure to respond or comply within the stated timeframe can significantly increase the risk of enforcement action, including a licence review or prosecution.
Final Thoughts
Licensing inspections do not need to be stressful. In most cases, officers are looking to see that premises are being run responsibly and in accordance with their licence.
A bit of preventative housekeeping such as checking your licence and related documents, refreshing staff training, and reviewing licence conditions and ensuring they are implemented can save a great deal of time, cost and anxiety in the long run.
And if you are unsure about any aspect of your premises licence, it is always better to address it proactively than wait for it to be raised during an inspection.
- Suraj Desor is a senior associate solicitor at Poppleston Allen
