Here are some of the questions that we're asked fairly often by our clients. If you have a question that we haven't answered here, let us know.
Q: I have a Personal Licence issued in England or Wales, does this expire and do I need to renew it?
A: The Deregulation Act 2015 changed the legislation so that Personal Licenses issued in England and Wales no longer need to be renewed. Therefore, if your personal licence was due to expire on or after the 1st April 2015, the Personal Licence does not need to be renewed. If your Personal Licence still states an expiry date, for example, if it has an expiry date of 20/08/2018, this can be ignored. A local authority will generally not send out a replacement Personal Licence that shows no expiry date.
Q: I have lost my Personal Licence / My Personal Licence has been stolen in England or Wales; do I need to report this lost / stolen to the Police?
A: No; from 26th May 2015, there is no longer a requirement to report your Personal Licence lost or stolen to the Police. You must however apply to request a Duplicate Personal Licence.
Q: I have changed my name and/or home address; do I need to change this on my Personal Licence?
A: Yes, in England and Wales under Section 127 of the Licensing Act 2003, it is a requirement that the Personal Licence Holder, ‘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’. A person commits an offence if they fail without a reasonable excuse to comply with Section 127. A person who is guilty of this offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
In Scotland under Section 88 of the Licensing (Scotland) Act 2005, it is a requirement that the Personal Licence Holder must, no later than one month after any change of address or name, give the Licensing Bored which issued the licence notice of the change. The notice must be accompanied by the personal licence, or, if that is not practicable, by a statement of the reasons for the failure to produce the licence. A personal licence holder who fails, without reasonable excuse, to comply with this requirement commits an offence. A person who is guilty of this offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Q: Do I need to have my Personal Licence on me at all times whilst I am working at a premise making or authorizing the supply of alcohol?
A: Yes, under Section 135 of the Licensing Act 2003, it permits any constable or authorised officer to request the Personal Licence Holder to produce their Personal Licence for examination. If the Personal Licence Holder cannot produce their Personal Licence without reasonable excuse is guilty of an offence, which is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Q: Does my Premises Licence expire?
A: No, a Premises Licence remains in place unless it is revoked, suspended, surrendered or the applicant when applying for the licence specifies in the application that the licence is only valid for a certain time period.
Q: I have failed a test purchase. What should I do? Can you help?
A: If you have failed a test purchase, you should contact Lockett & Co immediately. In these situations it is always best to take a proactive approach, so the sooner you get in touch with us the better.
Q: What happens if I don’t pay my Annual Fee?
A: The Licensing Act 2003 stipulates that an annual fee for licensed premises is payable each year on the anniversary of the date the licence was initially granted. The annual fee is payable if there is a licence in force, regardless of if you are trading alcohol or carrying out the licensable activities. If the annual fee is not paid, the local authority must suspend the licence following the correct procedures.
Q: I am an individual; can I be the Premises Licence Holder and Designated Premises Supervisor on a Premises Licence?
A: Yes, there is nothing in the Licensing Act 2003 that prevents an individual being the Premises Licence Holder and Designated Premises Supervisor.
Q: Can I have more than one Designated Premises Supervisor on a Premises Licence?
A: No, the Premises Licence can only stipulate one Designated Premises Supervisor at any one time.
Q: What is the difference between a Hackney Carriage and a Private Hire Vehicle?
A: Hackney Carriages and Private Hire Vehicles are licensed by the Local Authorities in a similar way, but different conditions apply to each and predominately regulated by different legislation.
Q: I want to become a Taxi Driver; do I need to have held my licence for a specific time period?
A: Yes, you must hold a full driving licence for at least 1 year.
Q: I want to sell grocery products and drinks, etc. in a 24-hour convenience store in Scotland. Do I need a licence?
A: Yes, a Late Hours Catering Licence will be required. Section 42 of the Civic Government (Scotland) Act 1982 states that the use of a premise between the hours of 23:00 – 05:00 for the sale to or consumption by the public of food. Food is defined under Section 1 of the Food Safety Act 1990 and includes drinks, articles and substances of no nutritional value which are used for human consumption, chewing gum and other products of a like nature and use and articles and substances used as ingredients in the preparation of food.
Q: Is it true that if I want to sell hot food and hot drinks between the hours of 23:00 - 05:00 in England and Wales, that I need a licence?
A: Yes, a Late Night Refreshment Licence will be required to sell hot food or hot drinks from 23:00 hours – 05:00 hours in England and Wales.
Q: Is liqueur confectionery an age-restricted product?
A: As of May 2015, liqueur confectionery is no longer an age-restricted product. The previous age-restriction on liqueur confectionery was 16 years.
Q: How do I know if I need a Petroleum Storage Certificate?
A: Petroleum is any product of crude petroleum that has a flashpoint below 21°C. It includes petrol, benzene, pentane and any mixture that contains these products and has a flashpoint below 21°C. It does not include white spirit, paraffin, diesel oil or fuel oils. A Petroleum Storage Certificate allows you to keep an approved quantity of petroleum. It is an offence to keep quantities of petroleum spirit without a storage certificate.
Q: Do I need to do anything if I want to run a food business?
A: Yes, to store, prepare, distribute or sell food, you will need to register your food business with your Local Authority 28 days prior to opening. If you produce products of animal origin and supply these to other food business establishments, your food business may need premises approval instead of registration. If your business needs premises approval, you cannot operate until the approval has been granted.
Q: Is there a restriction to where I hold a Civil Marriage or Civil Partnership?
A: Yes, you must have ‘grant of approval’ to hold a Civil Marriage or Civil Partnership. Additionally, these can only be held in permanently immovable structures with at least a room or any boat or other vessel permanently moored. A premise outside this, such as open air, marquee, tent or a temporary structure is not eligible for approval. There are other statutory requirements that need to be met before an approval is granted.
Q: I have a question that you don't answer here. Can you help?
A: Of course – just fill out our contact form and we'll get back to you.