Licensing Act 2003 guidance - application for a new personal licences
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These guidance notes are intended to provide further information to applicants to enable them to submit an application that complies with the provisions of the licensing Act 2003.
These notes do not however, constitute a full statement of the law.
Please note that the application forms and fees are those prescribed by law and that Great Yarmouth Borough Council has no discretion to change them.
Personal Licences
What is a personal licence?
A personal licence authorises an individual to supply alcohol or authorise the supply of alcohol in accordance with a premise licence. The licence is "portable" and holders may move to other areas without the need to apply for another licence. Alcohol can only be sold by, or under the authority of a person who holds a personal licence. Any person running a business that includes the sale of alcohol must not only ensure that the business has a premises licence, but also that there is a personal licence holder connected with the business who can sell, or authorise the sale of alcohol.
Which licensing authority do I apply to for a personal licence?
The applicant should make an application for a personal licence to the licensing authority relevant to the area in which they normally reside.
Where can I get the application form and information concerning relevant offences?
Copies of the application form and other notices can be obtained from:
What are the requirements for making an application for a personal licence?
The Act states that the licensing authority must grant a licence if it is satisfied that:
- the applicant is aged 18 or over
- the applicant possesses a licensing qualification or is a person of a prescribed description
- no personal licence held by the applicant has been forfeited in the period of five years ending with the day the application was made
- the applicant has not been convicted of any relevant offence or any foreign offence
Right to Work
- from 6 April 2017 a personal licence may not be issued to an individual or an individual in a partnership which is not a limited liability partnership who is resident in the UK who:
- does not have the right to live and work in the UK
- is subject to a condition preventing him or her from dong work relating to the carrying on of a licensable activity
Applicants must demonstrate that they have the right to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensing activity. They do this by providing with their application copies, or scanned copies, of the required documents listed within the application form.
Note for applicants: the licensing authority must reject the application if it appears that the applicant fails to comply with the above requirements.
What information must I provide to the licensing authority?
The applicant must submit the following:
- the prescribed application form fully completed
- proof of the applicants right to work in the United Kingdom#
- two passport sized photographs taken against a light background, full face without sunglasses and, unless the applicant wears a head covering due to religious beliefs, without a hat and on photographic paper. One photograph must be endorsed as a true likeness of you by a solicitor or notary, a person of standing in the community or any individual with a professional qualification
- a criminal record/conviction certificate (see notes below)
- a declaration, that the applicant has not been convicted of a relevant offence or a foreign offence or that the applicant has been convicted of a relevant offence or a foreign offence accompanied by details of the nature and date of the conviction and any sentence imposed
- the original certificate (or certified copy} of an accredited licensing qualification
- the prescribed fee of £37.00
- cheques should be made payable to 'Great Yarmouth Borough Council'
- payment can also be made by phone using a debit or credit card: 01493 846266 - please quote your name as a reference when making payment
How do I obtain a Criminal Record/Conviction Certificate?
A DBS basic check can be obtained from the Disclosure and Barring Service (DBS). The fee is currently £25.00. Application can be made online: www.gov.uk/dbs.
The certificate must be issued no earlier than one calendar month before the giving of the application to the licensing authority.
What happens if I have filled in the form incorrectly or have not submitted all the documentation?
The licensing Team will check the application when it is received to ensure that all the paperwork and associated association documentation is correct and complete. If there are any errors or omissions, the application and documents will be sent back to the applicant for corrections and/or additional documentation. The time period for consideration will not begin until a valid application has been received.
How long will it take for my application to be processed?
If you have sent us all the necessary information required for us to consider your application, have paid the relevant fee and you have not been convicted of a relevant offence or a foreign offence, the licensing authority will aim to issue the personal licence within three working days.
What happens if I have been convicted of a relevant offence or a foreign offence?
If it appears to the licensing authority that an applicant has been convicted of a relevant offence or a foreign offence, it must give the police a notice to that effect.
Can the police object to my application?
If the police are satisfied that granting the application would undermine the crime prevention objective, they must give an objection notice" to the licensing authority, (within 14 days, stating their reasons), beginning with the day on which the police received a copy of the notice from the licensing authority.
What happens if the Police issue an "objection notice"?
Where an objection notice is received by the police, the local authority must hold a hearing within 20 working days to consider the application, unless the parties consider it unnecessary.
What happens if my application is rejected?
Where a licensing authority rejects an application for the above reason, an applicant may appeal against that decision to the Magistrates' Court within 21 days beginning with the day on which the applicant was notified of the decision by the licensing authority.
What must I do if I am convicted of a relevant offence whilst I am applying for a licence?
If an applicant for the grant of a personal licence is convicted of a relevant offence or a foreign offence during the application period, they must as soon as reasonably practicable, report the conviction to the licensing authority that is in receipt of the application Any person who fails to give such notification commits an offence under the Act.
What must I do if I am convicted of a relevant offence during the currency of my personal licence?
Although the court should notify the licensing authority of any relevant convictions, the onus is upon the licence holder to notify the licensing authority. Therefore the licence holder, must as soon as is reasonably practical after the conviction, give to the authority a notice containing details of the conviction, any sentence imposed and the outcome of any appeal. The original personal licence must also be returned with the notice, or reasons why it is not practical to do so.
Do I have to tell the court that I had a personal licence if I am charged with a relevant offence?
A personal licence holder charged with a relevant offence, must, by the time of his first court appearance, produce his personal licence or if unable to do so, give reasons to the court and notify the court of the relevant licensing authority that issued the licence.
A person commits an offence if they fail, without reasonable excuse, to comply with this requirement.
Can the court take any action in connection with my personal licence if I am convicted of a relevant offence?
If the holder of a personal licence is convicted of a relevant offence, the court has power to make an order for forfeiture of the licence or suspension for a period of up to 6 months. In considering whether to make such an order, the court may take account of any previous conviction(s) of the holder for a relevant offence.
An order will take effect immediately, unless the court suspends the order pending an appeal, in which case the licence will continue in force.
How long does the personal licence remain in force?
A personal licence lasts indefinitely unless it is surrendered, suspended or forfeited by the court.
Can I surrender a personal licence?
Where the holder of a personal licence wishes to surrender their licence, they must give the licensing authority a notice to that effect. The notice must be accompanied by the personal licence, or if that is not practical, by a statement of the reasons for the failure to surrender the licence. Where such a notice is given, the personal licence will lapse on receipt of the notice by the licensing authority.
What must I do if I change my name or address?
The holder of a personal licence must, as soon as reasonably practicable, notify the licensing authority of any change in their name or address. This 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 together with the prescribed fee (currently £10.50).
A person commits an offence if they fail, without reasonable excuse, to comply with this requirement.
If asked, do I have to produce my licence to the police or Council Licensing Officer?
The Act states that where a personal licence holder is on the premises making or authorising the supply of alcohol under a premises licence or Temporary Event Notice (TEN), a constable or authorised officer (on production on request of authorisation) can require him to produce that licence for examination.
A person commits an offence if they fail, without reasonable excuse, to comply with this requirement.
What happens if my licence is lost, stolen, damaged or destroyed?
If a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the licensing authority for a copy of the licence, in the same form as it existed immediately before it was is lost, stolen, damaged or destroyed, subject to payment of the prescribed fee (currently £10.50). In addition, where the licence has been lost or stolen, the holder of the licence must report the loss or theft to the police.
How can I contact the licensing Authority?
- Address: Licensing Team, Greyfriars House, Greyfriars Way, Great Yarmouth, Norfolk NR30 2QE
- Direct Line: 01493 846530
- Email: licensing@great-yarmouth.gov.uk
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