Aim To understand the law in relation to premises licences including the application process, the function of the operating schedule licence conditions and the role of the DPS. Learning Outcomes Understand the law in relation to premises licences Understand the role and responsibilities of the designated premises supervisor Assessment Criteria Explain what a premises licence is State the procedures for a premises licence application State the grounds for a hearing and an appeal in respect of a premises licence application Explain the purposes of a premises licence review State the mandatory conditions attached to all premises licences that authorise the sale of alcohol Identify the four licensable activities defined by the Licensing Act 2003 State the law in relation to variations to premises licences State the law in relation to what constitutes unauthorised licensable activities Identify what a due-diligence defence is and when it may be used State penalties for breaching conditions on a premises licence State what an operating schedule is State what an operating schedule should include in order to promote the licensing objectives Outline the job role of the DPS State the responsibility of the DPS to carry out a risk assessment to promote the licensing objectives Suggestions for training resources A licensing authority guidance document for premises licence applicants including operating schedule details. Cuttings from local newspapers showing licence applications advertised. A copy of a premises licence summary. 3 Premises Licences

The purpose of a premises licence A single licence issued to premises allowing one or more of the licensable activities to take place Premises may be any building, open space, moveable structure, vehicle or vessel Issued by the licensing authority for the area where premises are situated Premises can be any building, open space, moveable structure (beer tent or marquee), vehicle or vessel Premises licence is issued by the licensing authority where the premises are situated Once granted the applicant becomes the premises licence holder with responsibility for the licence The licence or an authorised copy must be kept at the premises The summary of the licence must be prominently displayed at the premises A police constable or authorised person may require the premises licence holder or person with custody to produce the licence for examination An authorised copy is one signed by a solicitor as being an authentic copy of the original

Premises licence validity A premises licence will continue until: it is revoked premises cease to be used for licensable activities it is surrendered the premises licence holder (where an individual) dies, becomes incapacitated or bankrupt. Where this occurs an interim authority notice may be used Premises Licence Unless: Some premises licences are granted for limited periods of time to cover special events such as festivals If a business is no longer operating then the premises licence needs to be surrendered by the premises licence holder to the licensing authority An interim authority notice allows a business to continue trading and must be issued within 28 days. It can last for up to 3 months If the business is sold then the premises licence will need to be transferred to the new owner it is issued for a specific time the premises licence holder dies, is incapacitated or bankrupt (and there is no interim authority notice)

Application procedure Premises licence applications Application by an individual (aged 18 or over), a company or organisation Application to include: operating schedule premises plan DPS details and consent form appropriate fee Licensing authority guidelines will help applicants when putting together a premises licence application Applications by any person (if an individual must be 18 or over) company or organisation carrying on or proposing to carry on a business which involves the use of premises for licensable activities, either permanently or on a limited basis The plan of the premises will usually show the location of the: boundary of the building exits and escape routes sales areas or other areas where the licensable activities will take place area where the consumption of alcohol will take place (if on-licence) kitchens, fixed structures, stages or raised areas, and safety equipment (including fire safety equipment) A similar process is necessary for a full variation to an existing licence The premises licence application needs to include details of the DPS

Application process Yes No Submit premises licence application Advertise application Send copy to responsible authorities Licensing authority Responsible authorities can make representations Any other person can make representations Grant licence Relevant representation received? No Licensing hearing Yes This illustrates the basic process which licensing authorities follow to assess a personal licence application. The licensing authority must notify the chief officer of police when an applicant has unspent convictions for a relevant offence or foreign offence. If an application is refused, the applicant may appeal. If the application is granted, despite a police objection, the chief officer of police may appeal against the licensing authorities’ decision. Reject application Changes made, conditions added

Application procedure For written applications: send copy to each responsible authority For electronic applications: licensing authority sends to responsible authorities If making an electronic application the licensing authority will send a copy to the responsible authorities.

Responsible authorities? Public bodies who must be notified of a premises licence application or a full variation and may make representations Chief officer of police Fire and rescue service Health and safety enforcement Planning authority Environmental health Child protection body Weights and measures (trading standards) Relevant licensing authority Local authority’s Director of Public Health or Local Health Boards The Secretary of State (Subject to changes under the Immigration Act 2016) New premises licence applications and full variations have to be sent to the responsible authorities for the area. These are public bodies to which applications must be sent, who have a say on the licence application and can raise representations regarding how the licence meets the licensing objectives Applications for a vessel must also be sent to relevant navigation authorities

Representations A premises licence application must be advertised to allow other persons to raise representations. KEY POINT Representations from any other persons must be relevant otherwise they will be rejected. They will be disregarded if frivolous or vexatious. An application for a new premises licence or a full variation may lead to: relevant representations by responsible authorities relevant representations by other persons Representations received from responsible authorities are always considered relevant Irrelevant means not relevant and does not directly relate to the application Frivolous means a representation lacking in seriousness Vexatious means a representation based upon business rivalry If any of the above apply then the representation may be disregarded by the licensing authority There will need to be a hearing if relevant representations are received

Determination of an application Assessment of application by licensing authority includes: Does it meet legal requirements? Has it been correctly advertised? Have any relevant representations been received? Each application must be considered on its own merits and in accordance with licensing policy Applicants for a premises licence are required to publish a notice in a local newspaper and display a summary of the application on an A4 notice on or outside the premises. Licensing authority to place a notice of application on their website. Applications must be advertised as follows: A summary of the licence application must be clearly displayed (for 28 days) so that it is visible outside premises at all times It must be advertised in a local newspaper Where no relevant representations are made a hearing is not required.

Hearing Possible outcomes of a hearing on a new premises licence application: application rejected appointment of DPS refused licence granted: as requested with additional conditions with licensable activities excluded Where relevant representations are received, may need a hearing unless concerns can be resolved. Licensing committee to take steps necessary to promote licensing objectives. They may: reject application refuse DPS grant licence as requested with conditions excluding licensable activities All parties involved have the right to appeal to the magistrates against the decision of the licensing committee within 21 days if they are dissatisfied with the outcome. The licensing committee may take steps necessary for the promotion of the licensing objectives Right of appeal within 21 days.

Operating schedule A key part of a premises licence application showing the type, style and character of the premises along with the proposed: licensable activities opening times DPS steps to promote the licensing objectives The operating schedule is a plan that describes how the business will operate When completing an operating schedule, applicants must consider the needs and interests of the local area and community including proposals to manage risks in areas regularly subject to crime and disorder or near to local schools. They may consider local initiatives designed to help reduce problems such as crime reduction initiatives, street pastors, taxi-marshalling etc. It may be useful for applicants for a premises licence to carry out a risk assessment against the licensing objectives The granting of a licence is subject to any conditions that are included in the operating schedule or any specific conditions imposed Any other times the premises will be open to the public (if different to the times licensable activities will take place) will need to be stated in the operating schedule Contents of the operating schedule will become part of the premises licence

Risk assessment against the licensing objectives Assesses the potential hazards Helps identify measures necessary to support the licensing objectives KEY POINT DPS may carry out risk assessment against the licensing objectives Discuss candidates experiences of risk assessment and emphasise the importance of doing this regularly against the licensing objectives.

Review of a premises licence An opportunity to reappraise a premises licence Responsible authority or other person may request a premises licence review at any time: usually following problems or incidents following a failed test purchase following a closure order May result in: suspension of licence for up to 3 months revocation of licence removal of DPS or licensable activities If there are any problems arising from a particular premise they may expect a review, particularly if there are issues with crime and disorder or public nuisance An application for a review must be heard by the licensing authority unless irrelevant, frivolous, vexatious or repetitive A repetitious review request is identical or similar to one already considered and should not occur There must be a reasonable interval between them (say 12 months) unless there are compelling circumstances Failed test purchases covered in more detail later A review may take place if the premises is subject to a closure order by police based on nuisance or disorder A review must be relevant to the promotion of one of more of the licensing objectives Result of a review hearing: Suspending the licence for up to 3 months Removing the DPS Changing or adding new conditions Removing certain licensable activities All parties have a right of appeal against the decision of a review hearing

Review of a premises licence Summary review and interim steps Alcohol licensed premises associated with serious crime and/or disorder may be subject to a summary (fast track) review by the licensing authority who may take interim steps pending a review hearing. Interim steps include: modifying licence conditions excluding the sale of alcohol removing the DPS suspending the premises licence

Non-payment of annual fee KEY POINT If the annual fee is not paid within 21 days of its due date, a premises licence may be suspended until the fee is paid It is an offence to provide licensable activities during a period of suspension The suspension will remain in place until the fee is paid and, during this time, it is an offence to provide licensable activities on the premises.

Duties of the premises licence holder Keep the premises licence (or a certified copy) at the premises Display a summary of the licence Inform the licensing authority of change of DPS Inform of change of name/address of DPS Put age verification policy in place Explain that the premises licence holder may be an individual or an organisation.

Licence conditions Licence condition The parameters within which the premises must operate Types of conditions: PROPOSED - included in the operating schedule IMPOSED - conditions attached at a hearing MANDATORY - compulsory for all licensed premises Some mandatory conditions apply only to on-sales

Mandatory licence conditions These apply to all premises licensed for the sale of alcohol by retail: a DPS (holding a personal licence) must be appointed sales of alcohol must be made or authorised by a PLH an age verification policy must be in place no below cost selling of alcohol where the presence of door supervisors are required as a condition, they must hold a licence granted by the Security Industry Authority (SIA) under Private Security Act 2001 Failing to comply with a mandatory condition may result in an unlimited fine and/or 6 months in prison. If conditions not followed then sale becomes unauthorised

Mandatory conditions Apply to on-licenced premises only: no irresponsible alcohol promotions free potable water when requested availability and awareness of small measures KEY POINT Non-compliance with a mandatory condition is an offence subject to an unlimited fine and/or 6 months in prison Explain what a small measure is, for example beer or cider (half pint), gin, rum, vodka or whiskey (25ml or 35ml), still wine in a glass (125ml). Where no measure is stipulated by the customer, they must be made aware of the availability of smaller measures.

Unauthorised activities? Activities undertaken without or not in accordance with a premises licence: sale of alcohol outside permitted hours undertaking licensable activity without appropriate licence operating outside conditions of the licence allowing unauthorised activities Discuss the types of activities which are unauthorised with candidates Unauthorised activities include selling alcohol without a licence and non-compliance with mandatory and specific licence conditions A person charged with carrying out unauthorised activities may have a due-diligence defence

Offences carry a maximum penalty of: Unlimited fine and/or 6 months in prison Maximum penalty applies to non-compliance with a mandatory condition and undertaking unauthorised activities.

What is due diligence? Due diligence Due to a mistake A defence against conviction if reasonable precautions were taken to avoid the offence Due to a mistake Relying on another person Circumstances beyond control All reasonable precautions were taken Class Question: Ask candidates if they know what due diligence is. Discuss how being able to show they took all reasonable precautions may be important if they were to be charged with an offence. To support a due diligence defence, licence holders may need to provide documentation such as training records to show they had taken all reasonable precautions to avoid the offence being committed.

Role of the DPS Personal licence holder named on the premises licence In day-to-day control of premises Main point of accountability Must ensure premises operate legally Implement measures identified by risk assessment Promote licensing objectives Ensure the age verification policy is adopted and implemented Only need a DPS appointed when the premises licence authorises the sale of alcohol by retail. The single point of accountability in the case of any problems. Has vicarious liability: is accountable whether on premises or not. DPS does not always have to be on premises, but insurance may require a PLH to be present to authorise the sale or it may be a condition of the licence. DPS needs to consent in writing. Police can object, but have to relate objection to the prevention of crime and disorder. Change of DPS: premises licence holder is responsible for making a formal variation (a minor variation) that can take immediate effect. KEY POINT Selling alcohol without a DPS appointed is an offence

Variations An application to change an existing premises licence: 5 A full variation Changes which may impact on the licensing objectives Permanent change to opening times Adding licensable activities Extending premises A minor variation e.g. change of DPS Full variations will need to be advertised and processed in a similar way to a new licence application Minor variations are more straightforward with no requirement to advertise or send copies to responsible authorities A change of DPS is a minor variation, but an application will need to be made to the licensing authority. This does not need to be advertised, but the police must be informed and, in exceptional circumstances, can raise objections to the appointment based upon the crime and disorder objective A change of DPS can take immediate effect if required Transfer of premises licence A premises licence may transfer from one holder to another if the premises change hands to a new owner or company. The new owner must apply for the transfer. Provisional statement A provisional application for premises being or about to be built, extended or altered. Handout 5 This activity aims to help candidates to consolidate their understanding of both personal and premises licences. Discuss answers and provide feedback. No adverse impact upon licensing objectives Faster process

How much do you know? For a due diligence defence it is necessary to show that: what happened was a one-off and is unlikely to happen again what happened was the fault of the customers The correct answer is C all reasonable precautions were taken to avoid the offence all training records were correctly completed and signed