Section 4 - Premises Licence Flashcards
What is a premise licence?
Authorises premises to be used for one or more licensable activities
What can the term ‘premises’ be applied to?
- Any building, part of a building or open space
2. A moveable structure such as a beer tent, a parked vehicle such as a burger van or vessels such as a river boat
What fees are payable with a premises licence?
- An application fee set by central Government
2. An annual fee following the grant of a premises licence
Who grants the personal licence?
The licensing authority where the premises is situated
Once a premises licence has been granted, how long will it be valid for?
Until the business no longer exists or the licence is suspended or revoked
What are the premise licence validity exceptions?
- The licence was issued for a specific time period
- The licence holder dies, becomes incapacitated or becomes insolvent and no other person applies for the licence to be transferred
Who can apply for a premises licence?
A single person, a group of people or a company/business
If an individual applies for a premises licence, what criteria must they satisfy?
- Be 18 or over
- Conduct a risk assessment with a view to promoting the licensing objectives
- Provide details of an appointed DPS
What must be submitted with a premise licence?
- An operating schedule
- A plan of the premises
- Details of the DPS (if the premises is to be used for the sale of alcohol by)
- The appropriate fee
If an application is made in writing, what must the applicant do?
Inform the responsible authorities
When does an applicant not need inform the responsible authorities? Who becomes responsible for this task?
When applying electronically it is the licensing authorities’ duty to inform he responsible authorities
Provide 3 examples of responsible authorities
- Police
- Fire authority
- Health and Safety authority
- Local planning authority
- Environmental Health authority
- Child protection authority
- Weights and Measures authority
- Primary Care Trust or Local Health Board
- Licensing authority
If a premise licence application relates to a vessel, what extra responsible authorities must be informed?
- The navigation authorities responsible for the waters where the vessel will be moored and/or sailing
- The Environment Agency
- The Canal & River Trust or the Secretary of State
By law, why must all premises licence applications be advertised?
To allow for any person to submit comments to the licensing authority
What must an applicant do to advertise their premise licence application?
- Display details clearly on a notice, on or outside the premises
- The application should be advertised in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises
What details should be included in the advertisement of a premise licence application?
- A brief summary of the application
- Proposed licensable activities
- Proposed opening hours
- Details of where the application can be viewed
What are the 8 mandatory conditions on a premises licence that authorises the sale of alcohol?
- There can be no supply of alcohol at the premises unless there is a DPS appointed for the premises
- Every sale of alcohol on the premises must be made or authorised by a PLH.
- anyone not a PLH selling alcohol must have been given permission by the PLH
- it is recommended such a permission should be in writing and records kept on the premises
- No staff in licensed premises should carry out, arrange or participate in any irresponsible promotions relating to the premises
- There is a ban on ‘dentist chair’ games where alcohol is dispensed directly into the mouth of a customer
- Free tap water is to be provided to customers on request where it is reasonably available
- Alcohol must be available in certain measures and customers must be made aware of these measures
- Every premises selling alcohol will be required to have an age verification policy requiring staff to check the ID of anyone appearing to be under the age of 18 years
- No alcohol can be supplied or sold for consumption for a price which is less than the permitted price
What is an irresponsible promotion?
Any activities that are carried out in such a way that there is significant risk of the premises being in breach of any of the licensing objectives.
Provide 3 examples of irresponsible promotions
- Games with require or encourage people to drink a quantity of alcohol within a time limit, or to drink as much alcohol as possible, even without a time limit.
- Unlimited or unspecified amounts of alcohol being given for free or for a fixed price to the public or a group defined by a particular characteristic
- Free or discounted alcohol (or anything else) as a prize to encourage or reward the purchase and consumption of alcohol over a 24-hour period, or less
- Free or discounted alcohol linked to a sporting event
- Selling or supplying alcohol in association with promotional posters or flyers which condone or glamorise antisocial behaviour
What measures of alcohol must be made available to customers?
- Beer and cider in 1/2 pints
- Gin, rum, vodka, and whisky in 25ml or 35ml measures
- Wine served by the glass in 125ml glasses (still wine only, not sparkling)
How do you calculate the permitted price of alcohol?
P=D+(DxV)
P - permitted price
D - amount of duty chargeable in relation to the alcohol
V - rate of VAT chargeable p
If premises licence contains a condition that door supervisors or security guards are used at the premises, what is required? What is the penalty for not satisfying this requirement?
Current Licences issued by the Security Industry Authority
Maximum penalty of £20,000 and/or up to 6 months imprisonment
Anyone has the right to object to a new premises licence application or variation as long as what?
The representation is not irrelevant, frivolous, or vexatious
If any party is unhappy about the decision made at a hearing, how long do they have to make an appeal to the magistrates’ court?
21 days from the licensing authority’s decision
