About Licensing
Out with the old & in with the new
In 2005 a new licensing act came into force that completely changed everything about the system for licensing premises where alcohol was sold and/or entertainment was provided.

The new act now places a duty on EVERYONE working within licensing to work within what are known as the Licensing Objectives. The objectives are:

• The Prevention of Crime & Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children from Harm
  
  

The Significant Changes
Premises & Personal Licences
The system has now been split into two different types of licences – Premises Licences & Personal Licences. Very briefly a premises licence is an all encompassing licence which allows the sale of alcohol and all different types of entertainment can be provided at particular premises. A personal licence gives the person who has one authority to sell alcohol themselves but allow others to sell alcohol on their behalf. In order to obtain a personal licence the applicant MUST obtain an accredited qualification. A personal licence once obtained can be used anywhere in England & Wales.

VIEW TYPES OF LICENCE »

The Designated Premises Supervisor (DPS)
A person who was known in the old days as a ‘landlord’ or ‘licensee’ (the person in charge of the pub) is now the ‘Designated Premises Supervisor’ or DPS. That is the person nominated as being in day to day control of the premises and they MUST be a personal licence holder.

The DPS has the primary responsibility to ensure that all staff sell alcohol legally, in line with both the law and the licence that is attached to the premises they are in charge of. Falling on the wrong side of the law can mean that the DPS’s own personal licence is at risk, even if they were not responsible for the infringement.

There can be only one DPS per premises but there is no limit on how many personal licence holders can work at the premises. The DPS does NOT have to be present on the premises the whole of the time that alcohol is being sold and there is notihing in the Act that says that a person cannot be the DPS of more than one premises. This will however largely depend on the attitude of the local police.

Grandfather Rights. Danger! Danger!
The Licensing Act 2003 gave those who were existing licensees a valuable opportunity, to automatically obtain a personal licence which became known as ‘grandfather rights’. There was no need to show any knowledge of the new system, simply that you had a licence under the old. No new qualification was needed, licensees of old simply filled in the paperwork and they were good to go. Convenient – absolutely.

BUT, in this age where licensees are accountable for under age drinkers and people drinking too much (and all ills relating to alcohol it seems) simply accepting your new personal licence without a thought is a very risky business.

The problems with this are now clear. If any problems arise with a premises, such as a test purchase (sale to an underage person) failure how can a landlord now show that he or she has the necessary knowledge of the 2003 Licensing Act and the new system? They have effectively been left out of the loop and it is a very dangerous position to be in. In this age of having to be able to show that you and your staff are properly trained, could you show that you know the new law?

At Licensing Matters we recommend that licensees who obtained grandfather rights take action. They have several options. Take the NCPLH. Take a refresher course with Licensing Matters (sit the course but don’t take the exam) or instruct Licensing Matters to come to your premises to deliver a training day on the new Licensing Act. Again you could achieve this by joining Licensing Matters at their centre near Accrington & Blackburn or by instructing them to come to your premises and hold a training day exclusively for your company.

However you chose to do it, in this age of blaming the operators for the ills of alcohol, do not fall into the trap of ignoring this loop hole!!

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