Personal licence application pack (PDF 159kb)

NotesInformation on the Licensing Act 2003 is available on the website of the Department forCulture, Media and Sport(http://www.culture.gov.uk/alcohol_and_entertainment/default.htm) or from your locallicensing authority1. Licensing qualifications –Licensing qualifications are dealt with in section 120(8) and (9) of the Licensing Act2003.

(c)(d)full face uncovered and without sunglasses and, unless the applicant wears ahead covering due to his religious beliefs, without a head covering.on photographic paper, and one of which is endorsed with a statementverifying the likeness of the photograph to the applicant by a solicitor, notary, aperson of standing in the community or any individual with a professionalqualification.(v)Proof that you hold a Licensing Qualification that has been accredited by theSecretary of State, or proof that you are a person of prescribed description. (SeeAppendix A)(vi) Either –(a) a criminal conviction certificate issued under section 112 of the Police Act1997(a)*(b) a criminal record certificate issued under section 113A of the Police Act 1997,or*(c) the results of a subject access search under the Data Protection Act 1998(b)of the Police National Computer by the National Identification Service.In any case such certificate of search results shall be issued no earlier than onecalendar month before the giving of the application to the relevant licensingauthority.*Unfortunately, these checks are currently unavailable in England and Wales andapplicants are advised to contact the Criminal Records Bureau in Scotland bytelephoning 0870 6096006. Alternatively, for further information you may wish tovisit their website at www.disclosurescotland.co.uk.(vii)A declaration by the applicant, that either he has not been convicted of a relevantoffence or a foreign offence, or that he has been convicted of a relevant offence or aforeign offence accompanied by details of the nature and date of the conviction andany sentence imposed on him in respect of it (see Appendix B). A relevant/foreignoffence that is spent within the terms of the Rehabilitation of Offenders Act 1974need not be declared. For further information on spent and unspent convictions,please see Appendix C.3.2 If there are any relevant or foreign offences, the licensing authority must notify the ChiefOfficer of Police for its area. The Police can make a representation against the applicationon crime prevention grounds. If there is a representation by the Police, your application willbe determined by the Council’s Licensing and Appeals Sub-Committee, an elected body ofCouncillors. They will listen to evidence from both sides before deciding whether to grantthe licence. Alternatively, all parties may agree that a hearing is unnecessary.3.3 If there is no representation by the Police, the licence will be granted.4. Application Format4.1 You must comply with the following -(i)(ii)An application shall be given in writing.Notwithstanding the requirement in paragraph (i) and subject to paragraph (iii), thatrequirement shall be satisfied in a case where –(a)The text of the application:-

(i)(ii)(iii)(iv)is transmitted by electronic meansis capable of being accessed by the recipientis legible in all material respects; andis capable of being read and reproduced in legible written form andused for subsequent reference(b)(c)the person to whom the application is to be given has agreed in advancethat an application may be given to them by those means; andforthwith on sending the text of the application by electronic means, theapplication is given to the recipient in writing.(iii)Where the text of the application is transmitted by electronic means, the giving ofthe application shall be effected at the time the requirements of paragraph 2(a) aresatisfied, provided that where any application is required to be accompanied by afee, or any document that application shall not be treated as given until the fee ordocument has been received by the relevant licensing authority.This leaflet is produced as a guide and should not be considered authoritative. For furtherinformation you should refer to the Act itself which can be viewed on the HMSO websitewww.hmso.gov.uk/acts2003/20030017 or the DCMS website www.culture.gov.ukProfessional advice should be sought if you have any doubt

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APPENDIX ALICENSING ACT 2003PERSONAL LICENCE QUALIFICATIONCurrently the approved licensing qualifications for personal licence holders are:BIIAB Level 2 National Certificate for Personal Licence Holders, QCA AccreditationNumber 100/4866/2EDI Level 2 National Certificate for Personal Licence Holders, QCA Accreditation Number100/4865/0GOAL Level 2 National Certificate for Personal Licence Holders, QCA AccreditationNumber 100/5040/1NCFE Level 2 National Certificate for Personal Licence Holders, QCA AccreditationNumber 500/4228/2HABC Level 2 Award for Personal Licence Holders, QCA Accreditation Number500/7383/7Details of Local Training Providers are set out belowBII AB GQALTraining Provider Contact Details Level 2 Level 2Primus Training andConsultancy Ltd.LlanishenCardiffMerthyr Tydfil CollegeMerthyr TydfilColeg MorgannwgPontypriddMid GlamorganLicensed TradeTraining Agency Ltd.AberdareMid GlamorganThe CollegeYstrad MynachMid GlamorganThe Hill Education &Conference CentreAbergavennyMonmouthshireMr. S. Colsey – 02920 757578Email info@primusgroup.co.uk orwww.primusgroup.co.ukMs. S. Wickens – 01685 72600Mrs. P. Marsh – 01443 662800www.morgannwg.ac.ukMr. B. Vaughan – 01685 811357Mrs. Jayne Skym – 01443 866271email jskym@ystrad-mynach.ac.ukwww.ystradmynach.ac.ukMrs. K. Young - 01495 333777Email youngka@coleggwent.ac.ukbbbbbb

Coleg GwentNewportFocus Training &ConsultancyServices Ltd.BridgendCulver House HospitalityDynamicsSwanseaSwansea CollegeSwanseaSIA Training WalesSwanseaAccess Training andConsultancy LimitedAccess House102 Graig RoadGellinudd SwanseaMs. L. Pryce-Jones – 01633 466000EmailPrycejonesl@coleggwent.ac.ukMr. M. Ebdon – 01656 744221email focusonus@hotmail.comMr. M. Cottell – 01792 390755emailmark@hospitalitydynamics.comMs. E. Kosack – 01792 763600email e.kosack@swancoll.ac.ukMrs. V. Harford – 01792 539987www.siatrainingwales.co.ukN. Delany – 0845 3011107Emailnicky@accesstrainingconsultancy.co.ukwww.accesstrainingconsultancy.co.ukbbbbbbCapper & Co. Ltd.Lanelay RoadTalbot GreenPontyclun RCTConfederation ofProfessional LicenseesEgerton House2 Tower RoadBirkenheadWirralMerseyside CH4J 1FNRick Wheeler – 01443 225500 (Ext.388)wheelerr@capper.co.ukwww.beercareer.combbAbout TrainingThe Business CentreCardiff HouseCardiff RoadBarryVale of GlamorganCF63 2AWAplus Trading & BusinessServices LimitedUnit 7 Western IndustrialEstateLon-y-Llyn,Caerphilly CF83 1BQDarren Sheppard ABII – 08700346090 or 01446 731266www.about-training.co.ukNic RackleyTel: 02920 883437Fax: 02920 864401www.aplusonline.bizbb

Further information about the BIIAB qualification is available on the BIIAB website www.biiab.org orby telephoning 01276 684449.Enquiries about the EDI qualification can be made to www.ediplc.com or by telephoning 02476516500Enquiries about the GOAL qualification can be made to www.ediplc.com or by telephoning0845170 0001Enquiries about the NCFE qualification can be made to www.ncfe.org.uk or by telephoning 0191239 8000Enquiries about the HABC qualification can be made to www.highfieldabc.com or by telephoning0845 2260350

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APPENDIX BMeaning of “relevant offence” and “foreign offence”(1) In this Part “relevant offence” means an offence listed in Schedule 4 of the Licensing Act2003.(2) The Secretary of State may by order amend that list so as to add, modify or omit any entry.(3) In this Part “foreign offence” means an offence (other than a relevant offence) under the lawof any place outside England and Wales.Personal Licence: Relevant OffencesSchedule 4Section 1131. An offence under this Act.2. An offence under any of the following enactments –(a)Schedule 12 to the London Government Act 1963 (c. 33) (public entertainmentlicensing);(b) the Licensing Act 1964 (c. 26);(c) the Private Places of Entertainment (Licensing) Act 1967 (c. 19);(d) section 13 of the Theatres Act 1968 (c 54);(e) the Late Night Refreshment Houses Act 1969 (c. 53);(f)section 6 of, or Schedule 1 to the Local Government (Miscellaneous Provisions) Act1982 (c. 30);(g) the Licensing (Occasional Permissions) Act 1983 (c. 24);(h) the Cinemas Act 1985 (c. 13);(i)the London Local Authorities Act 1990 (c. vii)3. An offence under the Firearms Act 1968 (c. 27).4. An offence under section 1 of the Trade Descriptions Act 1968 (c. 29) (false trade descriptionof goods) in circumstances where the goods in question are or include alcohol.5. An offence under any of the following provisions of the Theft Act 1968 (c. 60) –(a)(b)(c)(d)(e)(f)section 1 (theft)section 8 (robbery)section 9 (burglary)section 10 (aggravated burglary)section 11 (removal of articles from places open to the public)section 12A (aggravated vehicle-taking), in circumstances where sub-section (2)(b) ofthat section applies and the accident caused the death of any person

(g) section 13 (abstracting of electricity)(h) section 15 (obtaining property by deception)(i) section 15A (obtaining a money transfer by deception)(j) section 16 (obtaining pecuniary advantage of deception)(k) section 17 (false accounting)(l) section 19 (false statements by company directors, etc.)(m) section 20 (suppression, etc. of documents)(n) section 21 (blackmail)(o) section 22 (handling stolen goods)(p) section 24A (dishonestly retaining a wrongful credit)(q) section 25 (going equipped for stealing, etc.)6. An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing child to take part ingaming on premises licensed for the sale of alcohol).7. An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38) –(a)(b)(c)(d)section 4(2) (production of a controlled drug)section 4(3) (supply of a controlled drug)section 5(3) (possession of a controlled drug with intent to supply)section 8 (permitting activities to take place on premises)8. An offence under either of the following provisions of the Theft Act 1978 (c. 31)(a)(b)section 1 (obtaining services by deception)section 2 (evasion of liability by deception)9. An offence under either of the following provisions of the Customs and Excise ManagementAct 1979 (c. 2) –(a)(b)section 170 (disregarding sub-section (1)(a)) (fraudulent evasion of duty, etc.)section 170B (taking preparatory steps for evasion of duty)10. An offence under either of the following provisions of the Tobacco Products Duty Act 1979 (c.7) -(a)(b)section 8G (possession and sale of unmarked tobacco)section 8H (use of premises for sale of unmarked tobacco)11. An offence under the Forgery and Counterfeiting Act 1981 (c. 45) (other than an offenceunder section 18 or 19 of that Act).12. An offence under the Firearms (Amendment) Act 1988 (c. 45).13. An offence under any of the following provisions of the Copyright, Designs and Patents Act1988 (c. 48) -(a)(b)(c)(d)(e)section 107(1)(d)(iii) (public exhibition in the course of a business of article infringingcopyright)section 107(3) (infringement of copyright by public performance of work, etc.)section 198(2) (broadcast, etc. of recording of performance made without sufficientconsent)section 297(1) (fraudulent reception of transmission)section 297A(1) (supply etc. of unauthorised decoder)14. An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52) -

(a)(b)(c)section 3A (causing death by careless driving while under the influence of drink ordrugs)section 4 (driving, etc. a vehicle when under the influence of drink or drugs)section 5 (driving, etc. a vehicle with alcohol concentration above prescribed limit)15. An offence under either of the following provisions of the Food Safety Act 1990 (c. 16) incircumstances where the food in question is or includes alcohol -(a)(b)section 14 (selling food or drink not of the nature, substance or quality demandedsection 15 (falsely describing or presenting food or drink)16. An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c. 26) (unauthorised useof trademark, etc. in relation to goods) in circumstances where the goods in question are orinclude alcohol.17. An offence under the Firearms (Amendment) Act 1997 (c. 5).[18. A sexual offence, being an offence -(a)(b)(c)listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003, other than the offencementioned in paragraph 95 (an offence under section 4 of the Sexual Offences Act1967 (procuring others to commit homosexual acts));an offence under section 8 of the Sexual Offences Act 1956 (intercourse with adefective);an offence under section 18 of the Sexual Offences Act 1956 (fraudulent abduction ofan heiress)19. A violent offence, being any offence which leads, or is intended or likely to lead, to a person’sdeath or to physical injury to a person, including an offence which is required to be chargedas arson (whether or not it would otherwise fall within definition).]this20. An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (engaging incertain activities relating to security without a licence).][21. An offence under section 46 of the Gambling Act 2005 if the child or young person wasinvited, caused or permitted to gamble on premises in respect of which a premises licenceunder this Act had effect.)][[22]. An offence under the Fraud Act 2006.][22. An offence under regulation 6 of the Business protection from Misleading MarketingRegulations 2008 (offence of misleading advertising) in circumstances where the advertisingin question relates to alcohol or to goods that include alcohol.][23. An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from UnfairTrading Regulations 2008 (offences relating to unfair commercial practices) in circumstanceswhere the commercial practice in question is directly connected with the promotion, sale orsupply of alcohol or of a product that includes alcohol.]

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APPENDIX CFor the purposes of this Part a conviction for a relevant offence or a foreign offence must bedisregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974SUMMARY OF REHABILITATION OF OFFENDERS ACT 1974(See Act for Full Details)SentenceBecomes Spent after*Imprisonment of between 6 months and 10 years2½ years*Imprisonment or youth custody of up to 7 years6 monthsBorstal training7 years*A fine or other sentence not otherwise 5 yearscovered in this tableFor an absolute discharge6 monthsFor a probation order 5 years or 2½ years, if under 18years of age at the time of conviction,or until the order expires (whicheveris the longer)Conditional discharge or bind over 1 year (or until Order expires,whichever is the longer)Disqualification (Driving)For period of disqualificationRemand Home, Attendance Centre or Period of the Order and a further yearApproved School Orderafter the Order expiresHospital Order under the Mental Health Period of the Order and a further 2Actyears after it expires*Cashiering, discharge with ignominy or 10 yearsdismissal from the Armed Forces*Dismissal from the Armed Forces 7 years*Detention by the Armed Forces5 yearsDetention by direction of the HomeSecretary:-For a period exceeding 6 months but not 5 yearsexceeding 30 months (Armed Forces);Detention of less than 6 months3 yearsNote:(i) A sentence of more than 2½ years imprisonment can never become spent(ii) If you were under 18 years of age on the date of conviction, please halve theperiod in the right hand column for the sentences marked with an *

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LICENSING ACT 2003DISCLOSURE OF CONVICTIONS ANDDECLARATIONBefore completing this form, please read the guidance notes at the end of the form.If you are completing this form by hand, please write legibly in BLOCK CAPITALS. In all cases, ensure thatyour answers are inside the boxes and written or typed in black ink. Use additional sheets if necessary. Youmay wish to keep a copy of the completed form for your records.1. YOUR PERSONAL DETAILSTitle (delete as appropriate): Mr/Mrs/Miss/Ms/Other (please state)Surname:Forenames:Previous Names (if relevant) please enter details of any previous names or maiden names. Pleasecontinue on separate sheet if necessaryTitle (delete as appropriate): Mr/Mrs/Miss/Ms/Other (please state)Surname:Forenames:2. FORFEITURE OF A PERSONAL LICENCE IN THE LAST 5 YEARSDo not answer this question if you are applying under regulation 8 of the Licensing Act (PersonalLicences) Regulations 2005Has any personal licence held by you been forfeited in the last 5 years? If yes, pleaseprovide details below?Please tick aYes NoName of Court.Address of CourtDate of forfeitureOffence which resulted inthe forfeitureAdditional details

3. RELEVANT OR FOREIGN OFFENCESRead Note 1Have you been convicted of any relevant offence or foreign offence?Please tick aYes NoIf you have been convicted of any relevant offences you must provide details for each conviction, the date ofconviction, the name and location of the convicting court, offence of which you were convicted and thesentence imposed.If you have been convicted of any foreign offences you must provide details for each conviction of the date ofconviction, the name and location of the convicting court, offence of which you were convicted and thesentence imposed.4. DECLARATIONI declare that I have not been convicted of any relevant offence or any foreign offenceSignatureDate5. DECLARATIONThe information contained in this form is correct to the best of my knowledge and beliefIt is an offence knowingly or recklessly to make a false statement in or in connection with an application forthe grant or renewal of a personal licence. (A person is to be treated as making a false statement if heproduces, furnishes, signs or otherwise makes use of a document that contains a false statement) To do socould result in prosecution and a fine not exceeding level 5 on the standard scale [£5000].SignatureDateNotesInformation on the Licensing Act 2003 is available on the website of the Department for Culture, Media andSport (http://www.culture.gov.uk/alcohol_and_entertainment/default.htm) or from your local licensingauthority.1. Relevant or Foreign OffencesRelevant offences are the offences listed in Schedule 4 to the Licensing Act 2003.The meaning of foreign offence is dealt with in section 113 of the Licensing Act 2003.If you are the holder of a justices’ licence and you are applying for a personal licence under regulation 8 ofthe Licensing Act (Personal Licence) Regulations 2005, see paragraphs 23 and 28 in Part 3 of Schedule 8 tothe Licensing Act 2003 for the information you are required to give.If you are convicted of any relevant or foreign offence during the period between when your application ismade and when your application is determined or withdrawn, you must notify the authority to which yourapplication was made. Failure to do so without reasonable excuse could lead to prosecution and a fine notexceeding level 4 on the standard scale [£2500].

LICENSING ACT 2003MAIN FEES – PREMISES LICENCE AND CLUB PREMISES CERTIFICATEBand A B C D ENon domestic rateablevalueNone-£4,300£4,301-£33,000£33,001-£87,000£87.001-£125,000£125,001+Premises Licence*New application andvariation£100 £190 £315 £450 £635Multiplier applied topremises usedexclusively or primarily forthe supply of alcohol forconsumption on thepremises (Bands D & Eonly)N/A N/A N/A X2(£900)X3(£1905)Annual Charge* £70 £180 £295 £320 £350Annual charge multiplierapplied to premises usedexclusively or primarily forthe supply of alcohol forconsumption on thepremises (Bands D & Eonly)N/A N/A N/A X2(£640)X3(£1050)Club Premises CertificateNew application andvariation£100 £190 £315 £450 £635Annual Charge £70 £180 £295 £320 £350To find out how much the non-domestic rateable value of your premises is, the easiest way is toenter your postcode into the Valuation Office’s website, www.voa.gov.uk*There are additional fees for premises licence applications and annual fee, for exceptionally largescaleevents (5,000 people+), unless certain conditions apply. Please read regulation 4(4) & 4(5)of The Licensing Act 2003 (Fees) Regulations 2005Exemptions exist for certain premises such as church halls, community halls, schools and collegesand where the application relates to the provision of regulated entertainment only.

Additional Fees Applied to Premises Licence Application and the Annual Fee forExceptionally Large Scale EventsNumber inattendance at anyone timeAdditional fee payableAnnual fee payable ifapplicable5,000 - 9,999 £1,000 £50010,000 - 14.999 £2,000 £1,00015,000 - 19,999 £4,000 £2,00020,000 - 9,999 £8,000 £4,00030,000 - 39,999 £16,000 £8,00040,000 - 49,999 £24,000 £12,00050,000 - 59,999 £32,000 £16,00060,000 - 69,999 £40,000 £20,00070,000 - 79,999 £48,000 £24,00080,000 - 89,999 £56,000 £28,00090,000 and over £64,000 £32,000Personal Licence, Temporary Event Notice and Other FeesApplication for a grant or renewal of personal licence £37.00Temporary event notice £21.00Theft loss, etc. of premises licence or summary £10.50Application for a provisional statement where premises being built, etc. £315.00Notification of change of name or address £10.50Application to vary licence to specify individual as premises supervisor £23.00Application for transfer of premises licence £23.00Interim authority notice following death, etc. of licence holder £23.00Theft, loss, etc. of certificate or summary £10.50Notification of change of name or alteration of rules club £10.50Change of relevant registered address of club £10.50Theft, loss etc. of temporary event notice £10.50Theft, loss etc. of personal licence £10.50Duty to notify change of name or address £10.50Right of freeholder etc. to be notified of licensing matters £21.00Application for a minor variation £89.00Application for the mandatory condition requiring a DPS to be disapplied £23.00