Licensing Act 2003 - Personal Licence

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The personal licence is separate from the licence which authorises the premises to be used for the supply of alcohol. The licensing of individuals separately from the licensing of premises permits the movement of personal licence holders from one premise to another, allowing greater flexibility. It ends the current outdated regime where publicans are tied by licence to the premises where they work.

The Act also provides the police and licensing authorities with powers to deal with errant personal licence holders.

A personal licence authorises the holder to supply alcohol from premises with a premises licence in accordance with that licence.

Any individual may apply for a personal licence whether or not he is currently employed or has business interests associated with the use of the licence. An individual may hold only one personal licence at any one time.

A personal licence is valid for 10 years unless surrendered or suspended or revoked or declared forfeit by the courts. The licence can be renewed for further periods of 10 years. The licence will be renewed if the licence holder has not been convicted of any relevant or foreign offence (full list of relevant offences available). If any such offences have occurred since the licence was granted or renewed, the licensing authority must notify the chief officer of police for its area who may object to the renewal.

New applicants

The requirements are:

must be aged 18 or over
possess a licensing qualification accredited by the Secretary of State (or one which is certified as if it is such a qualification or is considered equivalent)
must not have forfeited a personal licence within 5 years of their application:
- the police have not given an objection notice about the grant of a personal licence following notification of any unspent relevant offence or foreign offence
- the police have given an objection notice because of a conviction for an unspent relevant offence or a foreign offence, but the licensing authority has not considered it necessary to reject the application on crime prevention grounds
the applicant has paid the appropriate fee to the licensing authority

In order to substantiate whether or not an applicant has a conviction for an unspent relevant offence, the Secretary of State would expect that all applicants (other than those exercising ‘grandfather rights’ during the transition) be required to produce a Criminal Record Bureau certificate to the licensing authority.

To download a new Personal Licence application pack click here.

Personal Licence Holders

Under section 127 of the Licensing Act 2003 the holder of a personal licence must, as soon as reasonably practicable, notify the relevant licensing authority of any change in his name or address as stated in the personal licence.

Personal licence holders must notify the Licensing Authority, as soon as reasonably practicable, if they areconvictedof a relevant offence or a foreign offence during the application period,when a Personal Licence is issuedandrenewal period.

A personal licence can be surrendered at any time.