Untitled Deck Flashcards
(25 cards)
What must a licensing authority include in its statement of licensing policy?
The policy must show how the authority will promote the four licensing objectives, consider the local area, and reflect statutory guidance issued under section 182 of the Licensing Act 2003.
Can a licensing authority refuse a premises licence application if no relevant representations are made?
No, the licensing authority must grant the licence if the application meets legal requirements and no relevant representations are received.
What is the process for appealing a licensing authority’s decision?
Appeals must be lodged with a magistrates’ court within 21 days of the decision.
What happens if a personal licence holder fails to notify the licensing authority of a change in their name or address?
It is an offence, and the personal licence holder can be fined up to £500.
If a personal licence holder is convicted of a relevant offence abroad, what must they do?
Notify the licensing authority of the conviction and sentence as soon as reasonably practicable.
Can alcohol sales be made without a personal licence holder present?
Yes, but only if the sales are authorised in advance by a personal licence holder and this is recorded appropriately.
How long does a premises licence remain valid?
Indefinitely, unless surrendered, revoked, or not used for licensable activities.
Can a premises operate without a DPS?
No, unless it qualifies as a community premises where the management committee assumes responsibility.
What is required to change the DPS on a premises licence?
The premises licence holder must submit a minor variation application to the licensing authority, including consent from the new DPS.
If an under-18 attempts to buy alcohol and provides fake ID, who is responsible for refusing the sale?
The person selling the alcohol is responsible for refusing the sale and checking the validity of the ID.
What is a ‘Challenge 25’ policy, and why is it useful?
A Challenge 25 policy requires anyone who looks under 25 to provide proof of age, reducing the risk of underage sales and helping staff avoid misjudging age.
How should staff handle a refusal to sell alcohol to an underage customer?
Refuse the sale politely, explain the reason, depersonalize the refusal, log it in the refusals book, and inform the manager if needed.
Can a single person submit multiple Temporary Event Notices for the same premises?
Yes, but the total number of events cannot exceed 15 per premises per year, covering a maximum of 21 days.
What is the difference between a standard TEN and a late TEN?
A standard TEN must be submitted at least 10 working days before the event, while a late TEN must be submitted at least 5 working days before the event.
Who can object to a Temporary Event Notice, and on what grounds?
Police and Environmental Health can object if the event risks undermining the licensing objectives.
What is the maximum penalty for selling alcohol to someone who is drunk?
An unlimited fine, up to 6 months in prison, or both.
What is the consequence of selling alcohol outside the permitted hours on a premises licence?
This is an unauthorised licensable activity, punishable by an unlimited fine, up to 6 months in prison, or both.
If a premises licence is reviewed due to persistent underage sales, what sanctions might the licensing authority impose?
- Suspension of the licence for up to 3 months.
• Additional conditions to prevent further issues.
• Revocation of the licence.
When must a licensing authority hold a hearing for a premises licence application?
When relevant representations are received from responsible authorities or other persons.
What are the possible interim steps a licensing authority can take during a summary (fast-track) review?
- Modify the licence conditions.
• Exclude the sale of alcohol from the licence.
• Suspend the premises licence.
• Remove the DPS.
What is the penalty for carrying out licensable activities without authorisation?
An unlimited fine, up to 6 months in prison, or both.
What types of entertainment are considered ‘regulated entertainment’?
- Performance of a play.
• Exhibition of a film.
• Indoor sporting events.
• Boxing or wrestling matches.
• Performance of live or recorded music.
• Performance of dance.
What does a ‘risk assessment against licensing objectives’ involve?
Identifying potential risks to:
• Crime and disorder.
• Public safety.
• Public nuisance.
• Protection of children from harm.
Mitigating these risks through appropriate measures.
How can a premises licence holder avoid liability for offences committed by staff?
By demonstrating a due diligence defence, showing that reasonable precautions and proper staff training were in place.
