Personal licences
The Licensing Act 2003 (the Act) introduces a new personal licence for anyone who wants to supply or authorise the supply of alcohol. This personal licence has no connection with the premises which is being used.
What is a personal licence?
Why do I need a personal licence?
Who needs a personal licence?
Who can apply for a personal licence?
How do I apply?
What do I need to hand in to the Council?
What is a licensing qualification?
Who doesn't need a licensing qualification?
Where can I get information to apply for one of the qualifying criminal checks?
Who can make an objection against my application?
How will you decide whether to grant a personal licence?
When will I find out whether I have been granted a personal licence?
What if I am unhappy with your decision?
What happens next?
What is a personal licence?
A personal licence:
- allows you to supply or authorise the supply of alcohol
- allows you for the first time to be licensed independently of the licensed premises where you work so you can take this licence with you anywhere in England and Wales
- lasts for 10 years subject to surrender, revocation, forfeiture or suspension.
You can only hold one personal licence at any one time.
Why do I need a personal licence?
If you operate without a personal licence after The Licensing Act 2003 comes into full effect on 24 November 2005, you will be operating illegally and be subject to criminal proceedings.
The Council takes a strict view on such breaches of the licensing laws and enforcement action will be taken.
Who needs a personal licence?
If you wish to supply or authorise the supply of alcohol but you do not hold a personal licence by the time the new Act takes effect, or you did not convert your existing licences by 6 August 2005, you will have to apply for a new personal licence.
Who can apply for a personal licence?
Provided you are 18 years or above and are not applying as a company, you can apply for a personal licence.
How do I apply?
To apply to the Council where you live. If you are not a Hackney resident, contact your local Council’s licensing service.
Application forms for Hackney residents are available from the Licensing Service on request or can be downloaded from the Council website at www.hackney.gov.uk/licensing or from the Department of Culture, Media and Sport at www.dcms.gov.uk.
What do I need to hand in to the Council?
To make a valid application, you need to submit the following to the Licensing Service:
- 2 identical passport size standard photos. 1 photo to be endorsed on the back with a signed statement, such as “I can confirm that this photo is a true likeness of [applicant’s name]”.
- Who can endorse the back of the photo?
- a solicitor or notary
- a person of standing in the community such as a police officer, a civil servant, a minister of religion or bank/building society official
- an individual with a professional qualification
- Completed and signed application form [LA20]
- Completed and signed Disclosure of convictions and declaration form [LA21]
- Your licensing qualification (unless you are exempt)
- One of the following:
- a criminal conviction certificate
- A criminal record certificate
- The results of a subject access search under the Data Protection Act 1998(b) of the Police National Computer by the National Identification Service.
These must not be issued earlier than one calendar month before giving the application to the Council.
- £37 fee. We accept:
- cheques made payable to “The London Borough of Hackney”
- cash in person (please do not post cash)
- postal orders
If your application does not comply with the above, we will return it and you will need to reapply making sure you complete all outstanding matters.
Please note that if you have a conviction for a relevant or foreign offence which is not spent, the Council will notify the Police of your application.
Your duty to notify
If you are convicted of a relevant offence as in Schedule 4 of the Licensing Act 2003 or foreign offence from the time when your application is made until the Council’s decision or your withdrawal, you must as soon as is reasonably practicable inform the Council of this. Failure to do so without reasonable excuse is a criminal offence.
N.B. The Council have the power to revoke a personal licence which has already been granted if a relevant conviction comes to light.
What is a licensing qualification?
There are 3 accredited personal licence qualifications under the 2003 Act. They are
- BIIAB Level 2 National Certificate for Personal Licence Holders, QCA Accreditation Number: 100/4866/2 and;
- GOAL Level 2 National Certificate for Personal Licence Holders, QCA Accreditation Number: 100/4865/0
- GQAL Level 2 National Certificate for Personal Licence Holders, QCA Accreditation Number: 100/5040/1
Further information about the BIIAB qualification is available on the BII website at www.bii.org or by telephoning 01276 684449. Enquiries about the GOAL qualification can be made to customerservice@ediplc.com, customerservice@ediplc.comor or by telephoning 08707 202909. For information on the GQAL qualification visit www.nationaltrainingco.com or by telephoning 01305 786639.
Who doesn't not need a licensing qualification?
These are people who are:
- members of the company of the Master, Wardens, Freemen and Commonalty of the Mistery of the Vinters of the City of London
- operating under a licence granted by the University of Cambridge or
- operating premises under a licence granted by the Board of the Green Cloth.
Where can I get information to apply for one of the qualifying criminal checks?
To apply for the results of a subject access search under the Data Protection Act, simply visit any police station with a photo ID (for example passport or driving licence) and £10.00 payment and the police will provide you with a form to complete. These forms are also available on request from our offices. This search will take around 40 days to complete.
For information on how to acquire a criminal conviction or record check, please visit: www.crb.gov.uk. There is a frequently asked questions section at: www.dft.gov.uk/.
Who can make an objection against my application?
The Police can object having considered any convictions you have for relevant or foreign offences. Please see Personal licences: Relevant Offences [LA26].
If the Police think that granting you a personal licence would undermine the crime prevention licensing objective, they must give an objection notice to the Council within 14 days from the day they received notice from the Council.
Where no Police objection notice is made within the 14 days or it is withdrawn, the personal licence must be granted.
How will you decide whether to grant a personal licence?
We will grant a personal licence to you if you comply with the following:
- you are 18 years or over
- you hold a licensing qualification (unless exempt)
- you have not forfeited a personal licence in the last 5 years up to the date of making the application and
- have not been convicted of one of the relevant offences or foreign offences (or you have but the conviction is a spent conviction, in which case it will be disregarded).
If you do not comply with the first three criteria, you will not receive a personal licence.
If the police object to your application, an officer-panel hearing will be held. If the hearing concludes that refusing the licence is necessary for the crime prevention licensing objective, we will reject your application.
When will I find out whether I have been granted a personal licence?
We will make every effort to process your application quickly and efficiently, however, there is no set time limit to do this by.
What if I am unhappy with your decision?
If your application is refused, you have the right of appeal to a Magistrates’ Court within 21 days of being notified of the refusal.
Where the Police made an objection and we rejected it, they also have a right of appeal against the decision.
What happens next?
Once you have your new personal licence (an ID card and paper certificate), this will have full effect from the time it is issued for 10 years from that date.
For further information and assistance with applications please contact the Licensing Service.
Page updated: 23 Apr 2008
LA20 Application for a personal licence