Personal Licence guidance notes
The following information will help you to complete an application for a Personal Licence.
The information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003.
It is the responsibility of the applicant/licensee to become acquainted with and observe the statutory requirements in respect of all activities, entertainments and undertakings the subject of any licensing application.
Who needs a Personal Licence?
- All sales of alcohol must be made by, or under the authority of, a Personal Licence Holder.
- Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sale.
- This does not apply to sales that take place at premises, which hold a Club Premises Licence, or premises operating under a Temporary Event Notice (TEN).
Applying for a Personal Licence
- Applications for a Personal Licence must be made to the Council in whose district the applicant lives.
- More than one Personal Licence Holder can work at the same premises.
- Applicants may also choose to become a Personal Licence Holder if they wish to apply for more than five TENs a year (but otherwise would not require one).
What is a Designated Premises Supervisor?
- If the application for a Premises Licence includes consent to supply or sell alcohol (but not a Club Premises Licence), a Designated Premises Supervisor (DPS) must be appointed. This is the person(s) that will be the first point of contact with the Council or responsible authorities should they have concerns regarding the operation of the premises.
- You cannot become a DPS unless you are a Personal Licence Holder.
- Qualifying clubs do not need a DPS to sell alcohol to members and guests, but this exemption does not apply if the premises are hired out for functions e.g. wedding receptions. A full Premises Licence is required for those activities (unless a small number of events are held, which can be authorised under a TEN) and therefore must appoint a DPS.
Requirements for a new application for a Personal Licence
- Applicants must be over 18
- Hold a Licensing Qualification that has been accredited by the Secretary of State (currently BIIAB Level 2 National Certificate, GOAL Level 2 National Certificate and GQAL Level 2 National Certificate). This ensures that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol.
- Criminal Conviction Certificate issued under section 1/2 of Police Act 1997, or
- Criminal Record Certificate issued under section 1/3 of Police Act 1997, or
- The results of a Subject Access search under the Data Protection Act 1998 of the Police National Computer by the National Identification Service and/or a statement of foreign offences, in any case such certificate or search result shall be issued no earlier than one calendar month before the giving of the application to the relevant authority.
- Fee (see schedule)
- Two photographs which are:
- Taken against a light background so that the applicant's features are distinguishable and contrast against the background,
- 45 millimetres by 35 millimetres,
- Full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering
- On photographic paper, and
- Endorsed by
- The chief executive of the licensing justices for the relevant licensing authority, or
- A solicitor or notary, or
- A person of standing in the community, or
- An individual with a professional qualification.
If there are relevant offences, the Police can make a representation against the application on crime prevention grounds. If the police make a representation then there will be a hearing of the representation, as described above.
Applications must be served on:
- Calderdale Metropolitan Borough Council
Licensing Unit, Town Hall, Halifax, HX1 1UJ.
- Chief Officer of Police, West Yorkshire Police
Calderdale Division, Richmond Close Police Station, Richmond Close, Halifax, HX1 5TW.