Overview
A licence which is granted by a licensing authority to an individual, and authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence. Supplying alcohol can be both selling alcohol by retail, or supplying alcohol by or on behalf of a club to, or to the order of, a member of the club.
It is a legal requirement that sales of alcohol on licensed premises must be made or authorised by a personal licence holder. Alcohol sales must be made or authorised only within the permitted hours: those times stated on the premises licence. It may not be necessary for a personal licence holder to be on duty at all times when alcohol is being sold, unless this is a condition of the premises licence, it is stated in the operating plan or it is company policy.
Whilst a personal licence holder may not be present to specifically authorise all alcohol sales, they remain responsible for the sales which they have authorised. It is good practice for a personal licence holder to provide written evidence that authorisation has been given.
Where to apply: Applications for personal licenses are made to the local council, where the applicant lives. For example, if the person lives in Hackney Council but the business where they sell alcohol is in Enfield Council, the license application is made to Hackney Council.
Validity: Personal licences are valid indefinetely. A personal licence ceases to have effect when it is revoked, forfeited or during any period when it is suspended.
Surrender of personal licence: Where the holder of a personal licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect. 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 provide the licence. Where a notice of surrender is given in accordance with this section, the personal licence lapses on receipt of the notice by the authority.
Form of a personal licence: The licence must specify the holder’s name and address and identify the licensing authority which granted it. It must also contain a record of each relevant offence and each foreign offence of which the holder has been convicted, the date of each conviction and the sentence imposed in respect of it. Also each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.
Theft, loss, etc. of personal licence: Where a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence.
