## The Licensing Objectives (England & Wales)

The Licensing Act 2003 sets out four fundamental licensing objectives that underpin all decisions made by licensing authorities and must be upheld by all personal and premises licence holders. These objectives are crucial for ensuring the responsible operation of licensed premises and protecting the public.

1. The Prevention of Crime and Disorder

This objective focuses on minimising crime and anti-social behaviour associated with licensed premises. This includes violence, drug-related incidents, theft, and public order offences.

• Responsibilities: Implementing robust CCTV systems, employing door supervisors where appropriate, staff training on conflict resolution and identifying vulnerable individuals, maintaining incident logs, and promoting responsible drinking.
• Key Authority: The Police are the primary responsible authority for this objective.

2. Public Safety

This objective ensures the physical safety of people using and around licensed premises. It covers a wide range of safety aspects beyond just crime.

• Responsibilities: Ensuring safe capacity limits are adhered to, maintaining clear fire exits, regular fire risk assessments, electrical safety, structural integrity, and providing adequate first aid facilities.
• Key Authorities: Fire and Rescue Authorities, Environmental Health, and Building Control.

3. The Prevention of Public Nuisance

This objective aims to minimise negative impacts on the local community caused by licensed premises and their customers.

• Responsibilities: Managing noise levels (from music, customers arriving/leaving), controlling litter, preventing light pollution, managing deliveries and waste collections, and ensuring customers behave responsibly outside the premises. Soundproofing and clear signage can help.
• Key Authority: Environmental Health departments are typically responsible for investigating nuisance complaints.

4. The Protection of Children from Harm

This objective safeguards children (under 18) from physical, psychological, or moral harm in licensed environments.

• Responsibilities: Implementing and enforcing robust Challenge 21/25 policies to prevent underage sales, restricting children's access to certain areas or during specific hours (e.g., adult entertainment areas), and ensuring staff are trained in age verification.
• Key Authorities: Police, Trading Standards, and local safeguarding children boards.

Upholding these objectives is a legal duty. Failure to do so can lead to licence reviews, imposition of new conditions, or even revocation of a licence.

## Personal Licences: Essential Information

A Personal Licence is a crucial document that authorises an individual to permit the sale or supply of alcohol at premises licensed under the Licensing Act 2003. Its primary purpose is to ensure that alcohol is sold responsibly and lawfully, contributing to the achievement of the four licensing objectives.

## Who Needs a Personal Licence?

Holding a Personal Licence is essential for anyone wishing to be a Designated Premises Supervisor (DPS) at licensed premises that sell alcohol. While other staff can sell alcohol, their sales must be authorised by a Personal Licence holder (usually the DPS). A Personal Licence also allows an individual to apply for more than 5 Temporary Event Notices (TENs) in a calendar year, up to a maximum of 50.

## Eligibility and Application

To be eligible for a Personal Licence, an applicant must:

• Be aged 18 years or over.
• Possess a relevant licensing qualification, such as the BIIAB Level 2 Award for Personal Licence Holders.
• Not have had a Personal Licence forfeited in the last five years.
• Have no unspent relevant offences or foreign offences.

Applications are made to the licensing authority (local council) where the applicant ordinarily resides. The application must include:

• A completed application form.
• The original certificate for the relevant licensing qualification.
• A Disclosure of Convictions and Declaration form (or an enhanced criminal record certificate/DBS check).
• Two passport-style photographs, one of which must be endorsed as a true likeness.
• The prescribed fee.

## Validity and Responsibilities

A Personal Licence, once granted, lasts indefinitely unless it is surrendered, suspended, or revoked. There is no expiry date.

Holders have important responsibilities:

• They must notify their issuing licensing authority of any change of name or address.
• They must also notify the authority of any convictions for relevant offences or foreign offences.
• The licence must be produced upon request by a police officer or an authorised person.

## Offences and Consequences

Failure to notify the licensing authority of changes or convictions is a criminal offence. If a Personal Licence holder is convicted of a relevant offence, the courts can order the licence to be suspended or forfeited. Serious breaches of licensing law, or repeated offences, can lead to the revocation of the Personal Licence.

## Premises Licences and Club Premises Certificates

A Premises Licence is a crucial authorisation for any business or individual wishing to carry out licensable activities at a specific location in England and Wales. These activities include the sale or supply of alcohol, the provision of regulated entertainment (e.g., live music, plays, films), and the provision of late night refreshment (hot food/drink between 11 pm and 5 am).

Premises Licences

• Purpose: To permit licensable activities at a designated premises.
• Applicant: Any individual or business.
• Granting Authority: The local Licensing Authority (council).
• Key Components:
• Operating Schedule: Details the licensable activities, proposed hours, and any steps taken to promote the four licensing objectives.
• Designated Premises Supervisor (DPS): A Personal Licence holder who is responsible for authorising alcohol sales. Required for premises licences that permit alcohol sales.
• Premises Plan: A detailed layout of the premises.
• Conditions: Specific requirements attached to the licence to uphold the licensing objectives.
• Duration: Indefinite, unless revoked, surrendered, or suspended.
• Variations: Can be varied (minor or full) to change activities, hours, or conditions.
• Reviews: Can be reviewed by interested parties or responsible authorities if concerns arise regarding the licensing objectives.

Club Premises Certificates

A Club Premises Certificate is a specific type of authorisation for qualifying clubs. These are non-profit organisations where members have control over the club's affairs, and there's a minimum two-day waiting period between applying for membership and being admitted.

• Purpose: To permit qualifying clubs to supply alcohol to members and guests, provide regulated entertainment, and late night refreshment.
• Applicant: A qualifying club.
• Key Difference from PL: No Designated Premises Supervisor (DPS) is required, as the club's committee or governing body is collectively responsible.
• Granting Authority: The local Licensing Authority.
• Duration: Indefinite.
• Reviews: Similar to Premises Licences, they can be reviewed if objectives are not met.

Similarities and Differences

Both licences are issued by the local Licensing Authority and are subject to the four licensing objectives:

1. The prevention of crime and disorder.

2. Public safety.

3. The prevention of public nuisance.

4. The protection of children from harm.

The main distinction lies in the need for a DPS (required for Premises Licences selling alcohol, not for Club Premises Certificates) and the nature of the applicant (commercial entity for PL, qualifying club for CPC).

## The Operating Schedule

The Operating Schedule is a fundamental part of a premises licence application and a crucial document for any licensed premises. It details precisely how the premises will operate in relation to the four licensing objectives. Its purpose is to inform the licensing authority, responsible authorities, and interested parties about the proposed activities and the measures taken to prevent negative impacts.

Key Contents of an Operating Schedule

The schedule must contain specific information, including:

• Licensable Activities: A clear description of the licensable activities to be carried out (e.g., sale of alcohol, regulated entertainment, late night refreshment).
• Times: The specific days and times when each licensable activity will take place.
• Opening Hours: The general hours when the premises will be open to the public.
• Conditions: Any specific conditions that are proposed by the applicant or have been agreed with the licensing authority or responsible authorities. These conditions are legally binding and are designed to promote the licensing objectives. Examples include requirements for CCTV, door supervisors, age verification policies, or noise limits.
• Designated Premises Supervisor (DPS): If the sale of alcohol is a licensable activity, the name and contact details of the Designated Premises Supervisor (DPS) must be stated.
• Premises Plan: A detailed plan of the premises must accompany the schedule.

Promoting the Licensing Objectives

Every aspect of the operating schedule should demonstrate how the premises will uphold the four licensing objectives:

1. Prevention of Crime and Disorder: Measures like CCTV, SIA-licensed door supervisors, incident logbooks, and robust refusal policies.

2. Public Safety: Ensuring adequate fire safety, maximum capacity limits, first aid provisions, and safe egress routes.

3. Prevention of Public Nuisance: Strategies to manage noise (e.g., soundproofing, dispersal policies, no outdoor drinking after a certain time), litter, and anti-social behaviour.

4. Protection of Children from Harm: Implementing strict age verification policies (e.g., Challenge 25), restricting access to certain areas, or prohibiting adult entertainment.

Importance for Personal Licence Holders

As a Personal Licence Holder (PLH), understanding and adhering to the operating schedule is paramount. The schedule's conditions are legally binding, and any breach can lead to serious consequences, including a review of the premises licence, fines, or even prosecution. The PLH, often working as the DPS, is responsible for ensuring that the premises operates in full compliance with the schedule at all times. Variations to the operating schedule require an application to the licensing authority.

## The Protection of Children from Harm

One of the four Licensing Objectives is the protection of children from harm. This objective is central to the responsibilities of a Personal Licence Holder (PLH) and all staff working in licensed premises. The law aims to prevent children from being exposed to alcohol-related harm, whether through direct consumption or by being in an environment where they are at risk.

## Key Prohibitions and Offences

It is a serious offence to sell alcohol to any person under the age of 18. This applies to all types of alcohol and all licensed premises.

• Proxy Sales: It is also an offence to sell alcohol to an adult knowing or believing it is for consumption by a person under 18. This is known as a proxy sale and carries significant penalties for both the seller and the adult buying the alcohol.
• Allowing Consumption: A PLH or staff member commits an offence if they knowingly allow a person under 18 to consume alcohol on the premises, unless specific exemptions apply (e.g., a 16 or 17-year-old having beer, wine, or cider with a table meal in a designated restaurant area).
• Unsupervised Sales by Under 18s: It is an offence for a person under 18 to sell alcohol unless the sale has been specifically approved by a PLH or a person authorised by the PLH, and the sale is made under the supervision of a responsible person. Generally, under 18s can serve alcohol if they are trained and supervised.

## Proof of Age and Due Diligence

To prevent underage sales, licensed premises must operate robust proof of age policies.

• Challenge 25/21: Most premises operate a Challenge 25 (or Challenge 21) policy, meaning anyone who appears to be under 25 (or 21) must be asked for valid photographic identification.
• Valid ID: Acceptable forms of ID typically include a passport, a photographic driving licence, or a PASS-accredited card (e.g., CitizenCard, Young Scot card). It is crucial for staff to be trained in checking ID correctly and to refuse sales if there is any doubt about the age or authenticity of the ID.
• Due Diligence Defence: A seller can claim a defence of due diligence if they took all reasonable steps to ascertain the person's age (e.g., asked for ID, believed it to be genuine, and the person looked 18 or over). However, this defence is often difficult to prove if an underage sale has occurred.

## Responsibilities of a Personal Licence Holder

The Designated Premises Supervisor (DPS) and the PLH are ultimately responsible for ensuring that all staff are properly trained on underage sales prevention, ID checking, and the protection of children from harm. This includes:

• Implementing and enforcing a clear age verification policy.
• Ensuring staff understand the legal requirements and potential consequences of non-compliance.
• Maintaining records of staff training.
• Displaying clear signage regarding age restrictions.

Breaches of these laws can lead to severe penalties, including large fines, imprisonment, licence review, and the potential loss of a personal licence.

## Powers, Enforcement and Offences

The Licensing Act 2003 provides a framework for the sale and supply of alcohol, backed by a range of powers to ensure compliance and prevent harm. Understanding these powers and potential offences is crucial for personal licence holders.

## Who Exercises Powers?

Enforcement powers are primarily exercised by:

• Police Constables: Have extensive powers related to crime and disorder, including those under the Licensing Act 2003.
• Authorised Persons: Appointed by the local licensing authority (council), typically licensing officers.
• Trading Standards Officers: Have specific powers regarding age-restricted sales and fair trading.

## Key Powers of Enforcement Officers

Officers have powers to:

• Enter and Inspect Premises: They can enter any licensed premises at any reasonable time to inspect the arrangements for licensable activities and relevant documents. No warrant is needed.
• Request Documents: They can demand to see the Premises Licence Summary, Personal Licence, and Age Verification Policy (if applicable). These must be readily available.
• Seize Alcohol/Documents: In certain circumstances, they can seize illegally sold alcohol or documents relevant to an offence.
• Issue Closure Notices: Police can issue immediate closure notices for up to 24 hours for disorder or public nuisance, or for breaches of licence conditions. Licensing authorities can also apply for closure orders.
• Report for Prosecution: Officers can gather evidence and report individuals or businesses for prosecution for licensing offences.

## Common Offences

Personal licence holders and premises can face severe penalties for various offences, including:

• Selling alcohol to a person under 18: A serious offence.
• Selling alcohol to a person who is drunk.
• Allowing disorderly conduct on licensed premises.
• Selling alcohol outside authorised hours or in breach of licence conditions.
• Failure to produce personal licence or premises licence summary upon request.
• Obstructing an authorised officer.
• Making false statements in connection with an application or enforcement.
• Unauthorised licensable activities.

## Consequences of Offences

Penalties can include:

• Fines: Ranging from hundreds to thousands of pounds.
• Imprisonment: For serious offences (e.g., persistently selling to minors, obstruction).
• Review of Premises Licence: Leading to new conditions, suspension, or revocation of the premises licence.
• Suspension or Revocation of Personal Licence: If the holder is convicted of a relevant offence.

## Temporary Event Notices (TENs)

A Temporary Event Notice (TEN) is a way to authorise small-scale, temporary licensable activities that are not covered by an existing premises licence or occur outside its scope. This includes the sale of alcohol, provision of regulated entertainment, and provision of late night refreshment.

## When and Who Needs a TEN?

An individual (the premises user), not an organisation, can submit a TEN. It's used for events with fewer than 500 people (including staff) and lasting no more than 168 hours (7 days). If your event exceeds these limits, a premises licence is usually required.

## Notice Periods and Recipients

There are two types of TENs:

• Standard TEN: Must be given at least 10 working days before the event.
• Late TEN: Must be given at least 5 working days but no more than 9 working days before the event. (Working days exclude the day the notice is given, the day of the event, and weekends/bank holidays).

The TEN must be given to three parties:

• The Licensing Authority (your local council).
• The Police.
• Environmental Health (the relevant person or body).

## Key Limits and Restrictions

There are strict limits on TENs:

• A Personal Licence Holder can give up to 50 TENs per calendar year.
• A non-Personal Licence Holder can give up to 10 TENs per calendar year.
• A maximum of 10 Late TENs can be given by any individual per year.
• A single premises can have a maximum of 15 TENs per calendar year.
• The total duration of events at a single premises under TENs cannot exceed 21 days in a calendar year.
• There must be at least a 24-hour gap between the end of one TEN and the start of another at the same premises.

## Objections to TENs

Only the Police and Environmental Health can object to a TEN, based on concerns about any of the four licensing objectives.

• For a Standard TEN: Objections must be made within 3 working days. If an objection is received, the Licensing Authority must hold a hearing. They can impose conditions or issue a counter-notice, preventing the event.
• For a Late TEN: If an objection is received, the TEN is invalid, and the event cannot go ahead. There is no hearing for Late TEN objections.

## Displaying the TEN

The premises user must ensure that the TEN, or a certified copy, is kept at the premises during the event and produced on request by an authorised officer.

## Social Responsibility in Alcohol Retailing

Social responsibility in alcohol retailing means operating a licensed premises in a way that minimises harm to individuals and the wider community, while promoting the four licensing objectives. It goes beyond simply complying with the law, involving ethical considerations and proactive measures to prevent alcohol misuse.

The Impact of Alcohol Misuse

Alcohol misuse can have significant negative impacts, including:

• Health issues: Long-term diseases, accidents, injuries.
• Crime and disorder: Violence, anti-social behaviour, vandalism.
• Public nuisance: Noise, litter, disruption to residents.
• Protection of children from harm: Exposure to inappropriate behaviour, underage drinking.

These impacts highlight why responsible retailing is crucial for public safety and community well-being.

Key Responsibilities of Personal Licence Holders (PLH) and Designated Premises Supervisors (DPS)

PLHs and DPSs have a legal and moral duty to uphold the licensing objectives. This includes:

• Preventing Sales to Intoxicated Persons: It is a criminal offence to serve alcohol to someone who is already drunk or appears to be so. Staff must be trained to recognise signs of intoxication (e.g., slurred speech, unsteadiness, aggressive behaviour) and confidently refuse service. An incident log should record such refusals.

• Preventing Sales to Underage Persons: It is illegal to sell alcohol to anyone under 18 years old. Premises should implement a Challenge 21 or Challenge 25 policy, requiring anyone who looks under that age to provide valid photographic ID (e.g., passport, driving licence, PASS hologram card). A refusal log should be maintained for all attempted underage purchases.

• Dealing with Anti-Social Behaviour: Premises must have policies for managing and preventing anti-social behaviour, including refusing entry or service to disruptive individuals and knowing when to contact the police.

• Promoting Responsible Drinking:
• Offering a range of low-alcohol or alcohol-free options.
• Making free tap water readily available.
• Providing food options.
• Avoiding promotions that encourage rapid or excessive consumption (e.g., 'all you can drink' deals).
• Displaying responsible drinking messages.

• Staff Training: Comprehensive and ongoing training for all staff is essential. This covers recognising intoxication, age verification, dealing with conflict, and understanding the law and premises policies.

• Community Engagement: Working constructively with local authorities, police, and residents helps address local concerns and maintain a positive relationship with the community.

By actively implementing these measures, licensed premises contribute to a safer environment and demonstrate their commitment to social responsibility.