|
| |
| |
(b) where it has been lost or stolen, the premises user has reported that loss | |
or theft to the police. | |
(5) The copy issued under this section must be a copy of the notice in the form it | |
existed immediately before it was lost, stolen, damaged or destroyed. | |
(6) This Act applies in relation to a copy issued under this section as it applies in | 5 |
relation to an original notice. | |
Part 6 | |
Personal licences | |
Introductory | |
109 Personal licence | 10 |
(1) In this Act “personal licence” means a licence which— | |
(a) is granted by a licensing authority to an individual, and | |
(b) authorises that individual to supply alcohol, or authorise the supply of | |
alcohol, in accordance with a premises licence. | |
(2) In subsection (1)(b) the reference to an individual supplying alcohol is to him— | 15 |
(a) selling by retail alcohol, or | |
(b) supplying alcohol by or on behalf of a club to, or to the order of, a | |
member of the club. | |
110 The relevant licensing authority | |
For the purposes of this Part the “relevant licensing authority”, in relation to a | 20 |
personal licence, is the licensing authority which granted the licence. | |
111 Meaning of “relevant offence” and “foreign offence” | |
(1) In this Part “relevant offence” means an offence listed in Schedule 4. | |
(2) The Secretary of State may by order amend that list so as to add, modify or omit | |
any entry. | 25 |
(3) In this Part “foreign offence” means an offence (other than a relevant offence) | |
under the law of any place outside England and Wales. | |
112 Meaning of “conviction” | |
(1) For the purposes of this Part a conviction for a relevant offence or a foreign | |
offence must be disregarded if it is spent for the purposes of the Rehabilitation | 30 |
of Offenders Act 1974 (c. 53). | |
(2) For the purposes of sections 118, 119, 121, 122 and 123 a conviction for a | |
relevant offence to which subsection (3) applies must be disregarded if a | |
custodial sentence of at least 30 months was not imposed in respect of it. | |
(3) The relevant offences to which this subsection applies are— | 35 |
(a) any sexual offence, within the meaning of section 161(2) of the Powers | |
of Criminal Courts (Sentencing) Act 2000 (c. 6), | |
| |
| |
|
| |
| |
(b) any violent offence, within the meaning of section 161(3) of that Act, | |
(c) any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act | |
1978 (c. 31), and | |
(d) any relevant offence under the Forgery and Counterfeiting Act 1981 | |
(c. 45). | 5 |
(4) In subsection (2) “custodial sentence” has the same meaning as in section 76 of | |
the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). | |
113 Period of validity of personal licence | |
(1) A personal licence— | |
(a) has effect for an initial period of ten years beginning with the date on | 10 |
which it is granted, and | |
(b) may be renewed in accordance with this Part for further periods of ten | |
years at a time. | |
(2) Subsection (1) is subject to subsections (3) and (4) and to— | |
(a) section 114 (surrender), | 15 |
(b) section 117 (continuation of licence pending renewal), and | |
(c) paragraph 17 of Schedule 5 (continuation of licence pending disposal of | |
appeal). | |
(3) A personal licence ceases to have effect when it is revoked under section 122 or | |
forfeited under section 127. | 20 |
(4) And a personal licence does not have effect during any period when it is | |
suspended under section 127. | |
(5) Subsections (3) and (4) are subject to any court order under sections 127(4) or | |
128. | |
114 Surrender of personal licence | 25 |
(1) Where the holder of a personal licence wishes to surrender his licence he may | |
give the relevant licensing authority a notice to that effect. | |
(2) The notice must be accompanied by the personal licence or, if that is not | |
practicable, by a statement of the reasons for the failure to provide the licence. | |
(3) Where a notice of surrender is given in accordance with this section, the | 30 |
personal licence lapses on receipt of the notice by the authority. | |
Grant and renewal of licences | |
115 Application for grant or renewal of personal licence | |
(1) An individual may apply— | |
(a) for the grant of a personal licence, or | 35 |
(b) for the renewal of a personal licence held by him. | |
(2) An application for the grant of a personal licence— | |
(a) must, if the applicant is ordinarily resident in the area of a licensing | |
authority, be made to that authority, and | |
(b) may, in any other case, be made to any licensing authority. | 40 |
| |
| |
|
| |
| |
(3) An application for the renewal of a personal licence must be made to the | |
relevant licensing authority. | |
(4) Where the application is for renewal of a personal licence, the application must | |
be accompanied by the personal licence or, if that is not practicable, by a | |
statement of the reasons for the failure to provide the licence. | 5 |
(5) Subsection (1) is subject to regulations under section 131 (form etc. of | |
applications and notices under this Part). | |
(6) An application for renewal may be made only during the period of two months | |
beginning three months before the time the licence would expire in accordance | |
with section 113(1) if no application for renewal were made. | 10 |
116 Individual permitted to hold only one personal licence | |
(1) An individual who makes an application for the grant of a personal licence | |
under section 115 (“the initial application”) may not make another such | |
application until the initial application has been determined by the licensing | |
authority to which it was made or has been withdrawn. | 15 |
(2) A personal licence is void if, at the time it is granted, the individual to whom it | |
is granted already holds a personal licence. | |
117 Licence continued pending renewal | |
(1) Where— | |
(a) an application for renewal is made in accordance with section 115, and | 20 |
(b) the application has not been determined before the time the licence | |
would, in the absence of this section, expire, | |
then, by virtue of this section, the licence continues to have effect for the period | |
beginning with that time and ending with the determination or withdrawal of | |
the application. | 25 |
(2) Subsection (1) is subject to section 113(3) and (4) (revocation, forfeiture and | |
suspension) and section 114 (surrender). | |
118 Determination of application for grant | |
(1) This section applies where an application for the grant of a personal licence is | |
made to a licensing authority in accordance with section 115. | 30 |
(2) The authority must grant the licence if it appears to it that— | |
(a) the applicant is aged 18 or over, | |
(b) he possesses a licensing qualification or is a person of a prescribed | |
description, | |
(c) no personal licence held by him has been forfeited in the period of five | 35 |
years ending with the day the application was made, and | |
(d) he has not been convicted of any relevant offence or any foreign | |
offence. | |
(3) The authority must reject the application if it appears to it that the applicant | |
fails to meet the condition in paragraph (a), (b) or (c) of subsection (2). | 40 |
(4) If it appears to the authority that the applicant meets the conditions in | |
paragraphs (a), (b) and (c) of that subsection but fails to meet the condition in | |
| |
| |
|
| |
| |
(4) paragraph (d) of that subsection, the authority must give the chief officer of | |
police for its area a notice to that effect. | |
(5) Where, having regard to— | |
(a) any conviction of the applicant for a relevant offence, and | |
(b) any conviction of his for a foreign offence which the chief officer of | 5 |
police considers to be comparable to a relevant offence, | |
the chief officer of police is satisfied that granting the licence would undermine | |
the crime prevention objective, he must, within the period of 14 days beginning | |
with the day he received the notice under subsection (4), give the authority a | |
notice stating the reasons why he is so satisfied (“an objection notice”). | 10 |
(6) Where no objection notice is given within that period (or the notice is | |
withdrawn), the authority must grant the application. | |
(7) In any other case, the authority— | |
(a) must hold a hearing to consider the objection notice, unless the | |
applicant, the chief officer of police and the authority agree that it is | 15 |
unnecessary, and | |
(b) having regard to the notice, must— | |
(i) reject the application if it considers it necessary for the | |
promotion of the crime prevention objective to do so, and | |
(ii) grant the application in any other case. | 20 |
(8) In this section “licensing qualification” means— | |
(a) a qualification— | |
(i) accredited at the time of its award, and | |
(ii) awarded by a body accredited at that time, | |
(b) a qualification awarded before the coming into force of this section | 25 |
which the Secretary of State certifies is to be treated for the purposes of | |
this section as if it were a qualification within paragraph (a), or | |
(c) a qualification obtained in Scotland or Northern Ireland or in an EEA | |
State (other than the United Kingdom) which is equivalent to a | |
qualification within paragraph (a) or (b). | 30 |
(9) For this purpose— | |
“accredited” means accredited by the Secretary of State; and | |
“EEA State” means a state which is a contracting party to the Agreement | |
on the European Economic Area signed at Oporto on 2nd May 1992, as | |
adjusted by the Protocol signed at Brussels on 17th March 1993. | 35 |
119 Determination of application for renewal | |
(1) This section applies where an application for the renewal of a personal licence | |
is made to the relevant licensing authority in accordance with section 115. | |
(2) If it appears to the authority that the applicant has been convicted of any | |
relevant offence or foreign offence since the relevant time, the relevant | 40 |
licensing authority must give notice to that effect to the chief officer of police | |
for its area. | |
(3) Where, having regard to— | |
(a) any conviction of the applicant for a relevant offence, and | |
(b) any conviction of his for a foreign offence which the chief officer of | 45 |
police considers to be comparable to a relevant offence, | |
| |
| |
|
| |
| |
the chief officer of police is satisfied that renewing the licence would | |
undermine the crime prevention objective, he must, within the period of 14 | |
days beginning with the day he received the notice under subsection (2), give | |
the authority a notice stating the reasons why he is so satisfied (“an objection | |
notice”). | 5 |
(4) For the purposes of subsection (3)(a) and (b) it is irrelevant whether the | |
conviction occurred before or after the relevant time. | |
(5) Where no objection notice is given within that period (or any such notice is | |
withdrawn), the authority must grant the application. | |
(6) In any other case, the authority— | 10 |
(a) must hold a hearing to consider the objection notice unless the | |
applicant, the chief officer of police and the authority agree that it is | |
unnecessary, and | |
(b) having regard to the notice, must— | |
(i) reject the application if it considers it necessary for the | 15 |
promotion of the crime prevention objective to do so, and | |
(ii) grant the application in any other case. | |
(7) In this section “the relevant time” means— | |
(a) if the personal licence has not been renewed since it was granted, the | |
time it was granted, and | 20 |
(b) if it has been renewed, the last time it was renewed. | |
120 Notification of determinations | |
(1) Where a licensing authority grants an application— | |
(a) it must give the applicant and the chief officer of police for its area a | |
notice to that effect, and | 25 |
(b) if the chief officer of police gave an objection notice (which was not | |
withdrawn), the notice under paragraph (a) must contain a statement | |
of the licensing authority’s reasons for granting the application. | |
(2) A licensing authority which rejects an application must give the applicant and | |
the chief officer of police for its area a notice to that effect containing a | 30 |
statement of the authority’s reasons for rejecting the application. | |
(3) In this section— | |
“application” means an application for the grant or renewal of a personal | |
licence; and | |
“objection notice” has the meaning given in section 118 or 119, as the case | 35 |
may be. | |
121 Duty to notify licensing authority of convictions during application period | |
(1) Where an applicant for the grant or renewal of a personal licence is convicted | |
of a relevant offence or a foreign offence during the application period, he must | |
as soon as reasonably practicable notify the conviction to the authority to | 40 |
whom the application is made. | |
(2) A person commits an offence if he fails, without reasonable excuse, to comply | |
with subsection (1). | |
| |
| |
|
| |
| |
(3) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | |
(4) In this section “the application period” means the period that— | |
(a) begins when the application for grant or renewal is made, and | |
(b) ends when the application is determined or withdrawn. | 5 |
122 Convictions coming to light after grant or renewal | |
(1) This section applies where, after a licensing authority has granted or renewed | |
a personal licence, it becomes aware (whether by virtue of section 121(1), 129 | |
or 130 or otherwise) that the holder of a personal licence (“the offender”) was | |
convicted during the application period of any relevant offence or foreign | 10 |
offence. | |
(2) The licensing authority must give a notice to that effect to the chief officer of | |
police for its area. | |
(3) Where, having regard to— | |
(a) any conviction of the applicant for a relevant offence, and | 15 |
(b) any conviction of his for a foreign offence which the chief officer of | |
police considers to be comparable to a relevant offence, | |
which occurred before the end of the application period, the chief officer of | |
police is satisfied that continuation of the licence would undermine the crime | |
prevention objective, he must, within the period of 14 days beginning with the | 20 |
day he received the notice under subsection (2), give the authority a notice | |
stating the reasons why he is so satisfied (“an objection notice”). | |
(4) Where an objection notice is given within that period (and not withdrawn), the | |
authority— | |
(a) must hold a hearing to consider the objection notice, unless the holder | 25 |
of the licence, the chief officer of police and the authority agree it is | |
unnecessary, and | |
(b) having regard to the notice, must revoke the licence if it considers it | |
necessary for the promotion of the crime prevention objective to do so. | |
(5) Where the authority revokes or decides not to revoke a licence under | 30 |
subsection (4) it must notify the offender and the chief officer of police of the | |
decision and its reasons for making it. | |
(6) A decision under this section does not have effect— | |
(a) until the end of the period given for appealing against the decision, or | |
(b) if the decision is appealed against, until the appeal is disposed of. | 35 |
(7) In this section “application period”, in relation to the grant or renewal of a | |
personal licence, means the period that— | |
(a) begins when the application for the grant or renewal is made, and | |
(b) ends at the time of the grant or renewal. | |
123 Form of personal licence | 40 |
(1) Where a licensing authority grants a personal licence, it must forthwith issue | |
the applicant with the licence. | |
(2) The licence must— | |
| |
| |
|
| |
| |
(a) specify the holder’s name and address, and | |
(b) identify the licensing authority which granted it. | |
(3) It must also contain a record of each relevant offence and each foreign offence | |
of which the holder has been convicted, the date of each conviction and the | |
sentence imposed in respect of it. | 5 |
(4) Subject to subsections (2) and (3), the licence must be in the prescribed form. | |
124 Theft, loss, etc. of personal licence | |
(1) Where a personal licence is lost, stolen, damaged or destroyed, the holder of | |
the licence may apply to the relevant licensing authority for a copy of the | |
licence. | 10 |
(2) Subsection (1) is subject to regulations under section 131(2) (power to prescribe | |
fee to accompany application). | |
(3) Where the relevant licensing authority receives an application under this | |
section, it must issue the licence holder with a copy of the licence (certified by | |
the authority to be a true copy) if it is satisfied that— | 15 |
(a) the licence has been lost, stolen, damaged or destroyed, and | |
(b) where it has been lost or stolen, the holder of the licence has reported | |
the loss or theft to the police. | |
(4) The copy issued under this section must be a copy of the licence in the form in | |
which it existed immediately before it was lost, stolen, damaged or destroyed. | 20 |
(5) This Act applies in relation to a copy issued under this section as it applies in | |
relation to an original licence. | |
Duty to notify certain changes | |
125 Duty to notify change of name or address | |
(1) The holder of a personal licence must, as soon as reasonably practicable, notify | 25 |
the relevant licensing authority of any change in his name or address as stated | |
in the personal licence. | |
(2) Subsection (1) is subject to regulations under section 131(2) (power to prescribe | |
fee to accompany notice). | |
(3) A notice under subsection (1) must also be accompanied by the personal | 30 |
licence or, if that is not practicable, by a statement of the reasons for the failure | |
to provide the licence. | |
(4) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | |
(5) A person guilty of an offence under subsection (4) is liable on summary | 35 |
conviction to a fine not exceeding level 2 on the standard scale. | |
| |
| |
|
