Section 9 - Unauthorised Licensable Activities and Due Diligence

Question 1

It is against the law to carry out any licensable activity without what?

Answer 1

1. The appropriate licence
   or
2. To knowingly allow it to happen

Question 2

Any activities that take place on licensed premises must do so in accordance with the conditions of either the:

Answer 2

1. Premises Licence
or
2. Club Premises Certificate
or
3. Temporary Event Notice

Question 3

Provide 3 examples of unauthorised licensable activities

Answer 3

1. An unlicensed ‘drinking den’
2. Activities happening that are not covered by the terms of the premises licence, club premises certificate or TEN
3. Breaking the conditions of the premises licence (i.e. sales of alcohol that take place outside the hours that the premises licence permits)

Question 4

What is the penalty of committing an unauthorised licensable activity?

Answer 4

6 months in prison and/or a fine of £20,000

Question 5

If charged, a person may apply the defence ‘due diligence’ which means that they have to prove that under the circumstances in which the law was broken:

Answer 5

1. a. What happened was a mistake
   or
   b. They were reliant on the actions of another person
   or
   c. These were circumstances beyond their control
   AND
2. That all reasonable precaution were taken to avoid committing the offence