Award for Personal Licence Holders Handbook_CPL Learning

Award for Personal Licence Holders Course Handbook

APLH

Level

After gaining your Personal Licence Qualification, you will need to apply to your council for your Personal Licence.

For those of you who want this hassle removed, CPL's Application Service completes everything on your behalf!

Included in our Personal Licence Application Service:

• Conduct the criminal records check required by law • Complete the Personal Licence application form • Complete the disclosure of convictions declaration • Submit the application, together with the APLH certificate, proof of right-to-work documentation and criminal records check to your local council

For futher details call: 0151 647 1057 contact.us@cpllearning.com

Award for Personal Licence Holders Level 2 © CPL Learning 2020 No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner, except in accordance with the provisions of the Copyright, Designs and Patents Act 1988.

Applications for permission to reproduce this publication or any part of it should be addressed to CPL Learning at the address given in Appendix 3.

Legal Notice Whilst every care has been to taken to ensure this publication is accurate, it is not intended to be a definitive statement of the law in respect of the operation of licensed premises and as such CPL Learning cannot be held liable in any way for any errors or omissions contained in this document.

A more detailed explanation of the law and rules can be found in Paterson’s Licensing Acts, which is published annually by Butterworth & Co. (Publishers) Ltd. ISBN No. 978-1-9066434-54

Foreword The Level 2 Award for Personal Licence holders (APLH).

The APLH is accredited on the Regulated Qualifications Framework (RQF) and learners will sit the RQF unit entitled ‘The Legal and Social Responsibilities of a Personal Licence Holder’.

This handbook is designed to be used either for home study or to support learners sitting a trainer-led APLH course and covers all the topics included in the RQF unit. Each of the awarding organisations set and mark their own examinations, but all candidates for the APLH qualification are assessed on the basis of one 40 question, multiple-choice examination.

i

Contents Introduction: Historical and cultural perspectives

1

Module 1: Licensing Law

3

1.1 Why do we have licensing laws?

1.2 What are licensing authorities?

1.3 How do licensing authorities work and what are their function?

1.4 What are the licensing objectives?

1.5 What is a ‘licensing policy’?

1.6 What are ‘partnerships’?

3 3 4 4 5 6

Module 2: Premises Licence

7

2.1 What is a premises licence?

2.2 What are ‘licensable activities’?

2.3 What are the procedures for a premises licence application?

2.4 What are the grounds for a hearing and an appeal in respect of a premises licence application?

2.5 What is the purpose of a premises licence review?

2.6 What is a licensing hearing?

2.7 What are licensing appeals for?

2.8 What is an operating schedule?

2.9 What are ‘permitted temporary activities’?

2.10 What mandatory conditions are attached to premises licences that authorise alcohol sales?

2.11 What must licence holders do to protect children?

2.12 What about children in licensed premises?

2.13 Applications for proof of age cards 2.14 Offences 2.15 Awareness of other legislation related to the protection of children 2.16 What are the penalties for breaching conditions on a premises licence?

2.17 Which forms of entertainment are regulated and which are exempt?

2.18 What is a designated premises supervisor?

7 7 8 9 11 12 13 15 16 18 21 21 21 22 24 25 25 27

Module 3: Personal Licence 3.1 What is a personal licence and what does it entitle the holder to do?

3.2 Who grants personal licences and how long are they valid for?

3.3 How do you apply for a personal licence?

3.4 What criteria does an applicant have to meet to be eligible for a personal licence?

3.5 Can anyone object to the application for a personal licence?

3.6 What is the procedure for deciding an application for a personal licence?

3.7 Is anyone automatically disqualified from holding a personal licence?

3.8 What is meant by ‘relevant offences’ and ‘foreign offences’?

3.9 What are ‘spent offences’?

3.10 What the legal duties of a personal licence holder?

ii

28 28 29 29 30 30 31 31 31 31 32

Module 4: Unauthorised licensable activities 4.1 4.2

What are unauthorised licensable activities and prohibitions?

Prohibitions and exemptions

Module 5: Alcohol

35 35 36

39

5.1 What does the ‘supply of alcohol’ mean?

5.2 What is the legal definition of alcohol in the Licensing Act? 5.3 What is the difference between retailing and wholesaling alcohol?

5.4 How is the strength of an alcoholic drink measured?

5.5 How does alcohol affect us?

39 39 40 41 42

Module 6: Disorderly conduct and drugs

47

6.1 What does the law say about disorderly conduct and illegal drug use?

6.2 Penalties for allowing drunk or disorderly conduct on licensed premises 6.3 Drugs 6.4 New Psychoactive Substances (NPS)

Module 7: The Law 7.1 What powers do the police have?

7.2 Other powers 7.3 Rights of entry

47 49 49 50

52 52 55 55

Appendix 1: Standard Scale of Fines

57

Appendix 2: Useful Publications

57

Appendix 3: Useful Addresses

58

Appendix 4: Other Qualifications Available

59

Appendix 5: E-learning Courses

60

Notes

61

iii

Introduction

Introduction Historical and cultural perpectives The sale of alcohol has been regulated for over 500 years. The system of licensing and control introduced by the Licensing Act 2003 is the latest attempt to regulate the sale and consumption of alcohol for the apparent benefit of society.

The current concerns about binge drinking in town centres and of cheap alcohol consumed by young, unemployed males, as being a major cause of alcohol-fuelled crime and disorder is nothing new. The British love of drink is one of the great historical truisms. As early as the 8th century, the missionary Saint Boniface was writing to Cuthbert, the Archbishop of Canterbury, to complain, “In your dioceses the vice of drunkenness is too frequent. This is an evil peculiar to pagans and to our race. Neither the Franks nor the Gauls nor the Lombards nor the Romans nor the Greeks commit it.”

Early legal regulation of alcohol It took approximately 700 years for this concern to be recognised by legal regulation! In 1495 Henry VII enacted the first statute governing the conduct of alehouses. This statute empowered local justices to take financial sureties from the keepers of alehouses as a guarantee of their good conduct. Judges of Assize were given the power to suppress alehouses that were, in their view, unnecessary. Just over half a century later, in 1552, a proper system was created for licensing alehouses for the first time. Licensees were required to recognise their responsibility for running an orderly house, unlawful games were prohibited and drunkenness was outlawed.

Similarly, fear over the effects of excessive drinking is woven into our cultural fabric. In the 18th century the great moral panic was gin. In 1742 a population barely a tenth the size of today’s consumed 19 million gallons of gin ten times as much as is drunk today. William Hogarth graphically depicted these concerns in his 1751 engraving ‘Gin Lane’, with its allegorical litany of drunken rioting, collapsing family bonds and endemic poverty. Gin Lane was of course located in London and the dangers of heavy drinking have traditionally been linked in the public consciousness with urban culture.

The industrialisation of early 19th century Britain created rapid urbanisation, causing an influx of thousands of country people into London and the growing cities of northern England. Instant escape from the misery of grinding poverty and exploitation was to be found in the bottle! The gin palaces of 18th and early 19th century Britain resembled factory assembly lines with an equally industrial attitude to drinking. There was little furniture and no food, just a long bar surrounded by gin barrels. These establishments are easily recognisable as the forerunners of today’s superpubs, geared up for mass-volume, vertical drinkers.

The government’s response was to champion the virtue of beer as a more wholesome refreshment. Hogarth’s engraving ‘Beer Street’ celebrated its healthy effects. In 1830, nearly 80 years later, the government passed the Beer Act that allowed any householder with a two-guinea licence to sell ale and porter - but not wine or spirits. The number of beer shops exploded and the pub began to take its place as a central part of working class culture. By the mid-1870s alcohol consumption reached a peak with 344 gallons of beer consumed per individual, per year.

1

Introduction

The rise of Victorian moralism The 19th century saw the first political expressions of middle class conscience. Humanitarianism was the ‘big idea’ of the 19th century - the abolition of slavery, the suffragettes and new laws governing child labour - were all examples of how the Victorian merchant class sought to build the civic framework of the new Jerusalem. The temperance movement was also a product of this era. Imported from America, at first to Ireland and then to Scotland, the temperance movement, with its evangelical denunciations of the evils of the ‘demon drink’, began to make its presence felt in Lancashire and Yorkshire during the 1840s.

Luminaries of the Temperance Society, such as George Cruikshank, graphically illustrated the Victorian disapproval of alcohol in his engraving ‘The Worship of Bacchus’ depicting ‘The Drinking Customs of Society - showing how universally the intoxicating liquors are used on every social occasion from the cradle to the grave’. The painting from which this engraving originated in 1869 is still in the possession of the Whitbread brewing family and is a masterpiece of protest against the perceived evils of drink.

Victorian capitalism needed its workers sober! Social alternatives to drinking, from tea parties to snooker clubs, were enthusiastically proffered while public pressure on brewers started to edge pubs out of city centres and into working class suburbs. Thomas Cook, the temperance campaigner and former Baptist preacher, went one stage further by taking the Victorian city’s wayward classes on uplifting rural excursions.

Gin Lane

by William Hogarth

Beer Street

by William Hogarth

Modern times Current news media stories lamenting the city centre binge drinking culture and its connection with crime and disorder is therefore nothing new. The Licensing Act 2003 does however propose some departures from the past.

The emphasis of the Act is on partnership between all the stakeholders - licensees, local residents, businesses and the police.

This handbook is designed to help personal licence holders understand the framework of law, regulation and social responsibility that surrounds their occupation at a time of unprecedented social change. Town and city centre licensing provides some of the most difficult challenges with deregulation of drinking hours and a youth culture where the consumption of other, illegal, stimulants seemingly a permanent cultural change. The modern drinking culture is embedded in a much more complex society than that experienced by Saint Boniface in the 8th century and our ability to make it socially acceptable will depend on our willingness to work together.

2

Why do we have licensing laws?

Module 1:

Licensing Law 1.1

Why do we have licensing laws?

The intoxicating nature of alcoholic drinks requires legal and social controls in order to reduce the harms that can arise from alcohol misuse. The retail sale of alcohol is therefore a highly regulated activity and has been for a very long time.

The Licensing Act 2003 (LA2003) was the most far-reaching reform of licensing laws in over 100 years. It seeks to balance new rights and freedoms for licence holders with new powers for the police and licensing authorities to control alcohol misuse and reduce alcohol-related harms.

The LA2003 integrates the sale and supply of alcohol, public entertainment and the provision of late night refreshment under a single licensing system. This system is administered locally by licensing authorities.

1.2

What are licensing authorities?

Under the LA2003 the power to deal with licensing matters has been taken away from Magistrates’ Courts and given to local authorities. This reflects the belief that local councillors will be able to deal with licensing in a more democratically accountable way.

The licensing authorities in England and Wales are: • • • • • •

The council of a district in England An English county council, where there is no district council The council of a county or county borough in Wales The council of a London borough The common council of the City of London The Council of the Isles of Scilly

Each council licensing authority administers the LA2003 within the geographical area over which the council has authority. In order to do so the licensing authority forms a licensing committee that will implement the licensing authority’s policy. The committee is made up of between 10 and 15 elected councillors.

Module 1 Licensing Law 3

How do licensing authorities work and what are their functions?

1.3

How do licensing authorities work and what are their functions?

The role of a licensing authority is to administer the LA2003 in its local area. When doing so a licensing authority must interpret the meaning of licensing law; receive and process applications for premises licences, personal licences and club premises certificates; receive temporary events notices (TENs); convene hearings to consider any representations concerning applications, or to review existing licences. The licensing authority, as a ‘responsible authority’, can itself make such representations.

Each licensing authority must keep a register containing: • • •

A record of all licences it issues A record of all temporary events notices it issues A record of all applications received and notices issued by it

When carrying out all of its functions the licensing authority must bear in mind: • • •

Its own published licensing policy statement Government guidance (published under section 182 of the Act) The need to promote the four ‘licensing objectives’

Licensing authorities to set fees Licensing authorities fees are set by central government. This may change to a system of local determination, subject to a cap imposed by central government.

1.4

What are the licensing objectives?

The ‘licensing objectives’ are the four fundamental principles upon which the LA2003 is based. They are: • • • •

The prevention of crime and disorder Public safety The prevention of public nuisance The protection of children from harm

Licensing authorities set out in their licensing policies how they will promote the licensing objectives by regulating and controlling all the activities that require a licence. Licensing authorities will consult with many groups in the community and will form partnerships so that crime and disorder can be reduced.

Module 1 Licensing Law 4

What is a ‘licensing policy’?

1.5

What is a ‘licensing policy’?

Licensing authorities must promote the four licensing objectives. To show how they will promote these objectives they must publish a licensing policy. The policy runs for five years, although it may be reviewed or revised at any time. Each licensing authority must for each five year period: • •

Write its policy Publish a statement of that policy before the beginning of the five year period

Government guidance to licensing authorities states: •

Licensing policies must not undermine the rights of individuals to apply for the grant or variation of any licence allowed by the Act. All such applications must be considered on their individual merits Whilst one of the main objectives of the LA2003 is to reduce crime and disorder, there are many other ways of doing this. Therefore, licensing policies should not attempt to control anti-social behaviour that is outside the control of the operator

•

Statements of licensing policy should be non-prescriptive and cannot, therefore, impose limits or caps on the number of licences granted in a particular area: •

Applications must be judged on merit. However, if the licensing authority considers that particular application will undermine the crime prevention objective they may refuse it Similarly, in relation to all the other licensing objectives the licensing policy should be non-prescriptive and consider all applications on their merits Conditions can be attached to premises licences in order to promote the licensing objectives. These conditions should be tailor-made for each premise and not imposed as blanket conditions on all premises of a given type in a given area Each licensing authority must consult with responsible authorities and other persons when preparing its policy statement including the police, the local fire authority, people who represent holders of premises and personal licences and club premises certificates, and people representative of local businesses and local residents The licensing authority must keep its licensing policy under review. Any revisions of that policy must be published, following consultations

• • • •

When an application for any licensing permission is contested, the licensing authority must hold a licensing hearing.

Early Morning Alcohol Restriction Orders (EMAROs) EMAROs may be imposed if appropriate for the promotion of the licensing objectives: • • •

Prohibit the sale of alcohol between midnight and 6 A.M. May be only on certain days of the week, for specified areas, for a limited or unlimited time Must hold a hearing before making an order and representations may be made – including by premises licence holders Can be varied or revoked at a later date

•

Module 1 Licensing Law 5

What are ‘partnerships’?

Late Night Levy This is an extra fee that a licensing authority can choose to levy on premises that have a Late Night Authority (LNA) to sell alcohol between midnight and 6 A.M. • •

• • •

Must apply to an entire licensing authority area (not just part) Under the Policing and Crime Act 2017 councils may be able to apply late night levies to areas within its area rather than to the whole area. And the charges my be extended beyond alcohol licensed premises to include late-night takeaways. This has not been brought into force yet but is expected to be introduced at some point in 2019 To defray the costs of policing and reducing crime and disorder between midnight and 6 A.M. Regulations to decide on the amount Certain exceptions

1.6

What are ‘partnerships’?

Partnerships One of the main reasons for taking licensing functions away from courts and giving them to local authorities was to ensure that licensing decisions, and those who make them, are more accountable to the general public and in particular to those who are most affected by licensing decisions locally. Section 13 of the LA2003 therefore makes provision for a wide range of groups and individuals to make their views known in respect of licence applications.

Licensing authorities work in partnership with police, health authorities, environmental health departments at the local council, trading standards, fire authorities, town centre managers, child protection bodies, local residents, businesses and the organisations that represent them.

Pubwatch and Retail Watch In addition, schemes such as Pubwatch and Retail Watch help improve communication between licensees, police and public CCTV monitoring authorities. This, in turn, helps reduce crime and disorder.

Community safety partnerships Community safety partnerships involve local authorities, police, fire service, police and health services working with local businesses, including licensed retailers, to reduce crime and disorder in their locality. In doing so they help to support the licensing objectives.

Key Points • • • • •

Licensing laws exist to control the sale and use of alcohol in order to mitigate harm The LA2003 is administered locally by council licensing authorities. In order to do so they form a licensing committee of elected councillors A licensing authority must consult widely before writing its licensing policy A licensing authority must promote the four licensing objectives of the LA2003 A licensing authority must deal with applications and hold hearings

Module 1 Licensing Law 6

What is a premises licence?

Module 2:

Premises Licence 2.1

What is a premises licence?

Important Definition A ‘premises licence’ means: A licence that is granted in respect of a building or a defined open space and which enables one or more ‘licensable activities’ to be conducted on the premises. Once granted a premises licence lasts until it is surrendered or revoked, unless the applicant applied for the premises licence to be for a defined period of time in the first place, or the holder dies, becomes mentally incapacitated or becomes insolvent and there has been no application to transfer the licence.

2.2

What are ‘licensable activities’?

Licensable activities are activities that require a licence, granted by a local licensing authority, for their conduct to be lawful.

Licensable activities are: • • • •

The sale by retail of alcohol The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club The provision of regulated entertainment The provision of late-night refreshment

Module 2 Premises Licence 00 7

What are the procedures for a premises licence application?

Important Definition ‘The sale by retail of alcohol’ means: Any sale of alcohol by a trader to a member of the public.

‘The supply of alcohol by a club to a member’ means: A ‘supply’ of alcohol, as opposed to the retail sale of it, takes place when the members have clubbed together to buy the alcohol in bulk and money is exchanged for alcohol over the bar to preserve equity between members where one member may consume more than another.

‘Regulated entertainment’ means: Regulated entertainment is entertainment provided solely or partly for members of the public, or exclusively to club members or their guests, or for which a charge is made, where it is provided for profit (which will include raising money for charity).

The above definition would cover entertainment staged by a charity for purposes of fundraising, but would not, for example, include the provision of entertainment for a company or firm for its clients, for which no charge was made but which was connected with stimulating general good will that might be advantageous for the business.

‘Late night refreshment’ means: The provision of hot food and drink between 11.00 P.M. and 5.00 A.M. The above definition would apply to restaurants, takeaways, kebab shops, burger vans and late night cafés or service stations.

2.3

What are the procedures for a premises licence application?

The form of application for a premises licence is prescribed by law and application forms may be obtained from the relevant licensing authority.

The application must be accompanied by: • • • •

The fee Plans of the premises to a scale of 1:100 (1 millimetre representing 100 millimetres) unless otherwise agreed with the licensing authority Consent form signed by the designated premises supervisor The completed application forms and the operating schedule

The applicant must: • •

Display a notice of the application in at least one place at or on the site of the premises concerned for at least 28 consecutive days starting on the day following the submission of the application to the relevant licensing authority The notice must be displayed in a place where it can easily be seen by the public

Module 2 Premises Licence 00 8

What are the grounds for a hearing and an appeal in respect of a premises licence application?

•

The notice must be of at least A4 size, coloured pale blue and printed legibly in black ink or type of a font size not less than 16pt

In addition a notice must be published at least once in a local newspaper during a period of 10 working days starting the day after the application was submitted to the relevant licensing authority

2.4

What are the grounds for a hearing and an appeal in respect of a premises licence application?

‘Responsible authorities’ and ‘other persons’ A licensing authority must grant an application for a premises licence unless representations are made in respect of it. A ‘representation’ is, in effect, an objection to all or part of an application.

Representations may be made by: • •

Responsible authorities Other persons

‘Responsible authorities’ The number of these has been expanded to include Primary Care Trusts/local Health Boards. Licensing Authorities themselves have now become ‘responsible authorities’. The practical effect of this is that these bodies are now able to make representations – to object – to new licence applications or applications for variations.

The responsible authorities: • •

The licensing authority to which the application has been made Any licensing authority in which part of the premises may be situated in addition to the licensing authority to which the application has been made Local health authority The relevant chief officer of police The relevant fire authority The relevant health and safety enforcing authority The relevant local planning authority The relevant local environmental health authority A body which is recognised by the local authority as being competent to advise in matters relating to the protection of children from harm In relation to a vessel: a navigation authority, the Environment agency, the British Waterways Board or the Secretary of State

• • • • • • • •

Module 2 Premises Licence 9

What are the grounds for a hearing and an appeal in respect of a premises licence application?

Other persons ‘Other persons’ means any member of the public residing in England and Wales.

Licensing authorities are now required to advertise licence applications “in a manner likely to bring the application to the attention of persons likely to be affected by it.” This is in addition to the requirement that the applicant advertises the application. So both the licensing authority and the applicant will have to advertise locally, but objectors (or supporters of an application) can make representations from any part of the country.

Hearings A licensing authority must hold a hearing to consider contested premises licence applications. An application is contested if a ‘responsible authority’ or ‘other persons’ makes what is called a ‘relevant representation’ in respect of the application.

• • •

A relevant representation is one that relates to the application and promotion of one or more of the four licensing objectives A licensing authority would not consider a frivolous representation, i.e., one that lacks seriousness A licensing authority would not consider a vexatious representation, e.g., a trade objection based on commercial rivalry

A hearing does not need to take place if all parties to it have engaged in dialogue and reached agreement in advance of the hearing.

Appeals Any party to a hearing of a contested premises licence application can lodge an appeal, in respect of the licensing authority’s decision, if they are dissatisfied with it. The appeal is heard in the local Magistrates’ Court and must be lodged within 21 days of the applicant’s notification by the licensing authority of its decision.

In limited circumstances an application for judicial review of the licensing authority’s decision can be made to the High Court.

Hearings and appeals procedures are available in respect of a number of other licensing decisions.

Module 2 Premises Licence 10

What is the purpose of a premises licence review?

2.5

What is the purpose of a premises licence review?

Where a premises licence has effect, a responsible authority or other persons may apply for a review of the premises licence.

• •

The grounds for review must be considered relevant to the licensing objectives The applicant must give notice of the application to the premises licence holder and to all the responsible authorities

The purpose of a review is to look at what measures might be needed to rectify problems arising out of the way in which the premises are operated. The application for a review is considered by the relevant licensing authority.

Provided that it is not considered: • • •

Irrelevant to the licensing objectives (in the case of other persons) Vexatious or frivolous To be based on a repetition of representations that had already been heard by the licensing authority in the previous 12 months, the licensing authority’s committee will hold a review hearing

If the licensing authority rejects the application for review, on any of the grounds above, they must notify the applicant and give the reasons why the application has been rejected.

The hearing will consider representations from responsible authorities and other persons as well as representations from the premises licence holder. When the hearing has been concluded the committee must determine an outcome. It may conclude that the review has failed to establish any grounds for concern and that the premises are being operated correctly. In the alternative it may take a number of measures if it considers them necessary to promote the licensing objectives.

Conditions imposed on premises licences If a licensing authority wishes to impose one or more conditions on a premises licence it must show that it is ‘appropriate’ to do so in order to promote one or more of the four licensing objectives. This is known as the ‘appropriateness test’.

These measures include: • • • • •

Modifying the conditions of the premises licence Excluding one or more licensable activities from the scope of the licence Removing the designated premises supervisor Suspending the premises licence for a period not exceeding three months Revoking the licence

A hearing does not need to take place if all parties to it have engaged in dialogue and reached agreement in advance of the hearing.

Module 2 Premises Licence 11

What is a licensing hearing?

Examples Examples of measures the licensing committee could impose include: • • • •

Reducing the hours during which alcohol can be sold Prohibiting live music, or requiring it to terminate earlier than at present Requiring the presence of door supervisors at weekends Requiring the premises to operate an admissions policy with regard to age, e.g., must be over 21 years to be admitted to the premises

Expedited Review An ‘expedited review’ of a premises licence can be requested by a police officer of superintendent’s rank or above.

Such a review can only be requested in the event that a premise is associated with serious crime or serious disorder and it is judged necessary to take immediate steps, or ‘interim steps’, as they are called in the LA 2003, pending a full review of the premises licence.

The police officer requesting the review must sign a certificate and submit it to the licensing authority, which must then determine what interim steps are needed within 48 hours of receiving the certificate.

• • • •

There is no requirement for the premises licence holder or their representative to be informed of this initial hearing. It is therefore possible for a premises licence to be suspended without the licence holder knowing until they are served with a suspension notice The premises licence holder or their representative does not have a right of audience even if they are informed of the hearing The initial hearing can, in theory be conducted by way of a telephone conference An expedited review could order that the premises licence be suspended with immediate effect; that the DPS be removed; that conditions be imposed on the premises licence or that the sale of alcohol be removed from the scope of the licence

However, in most cases there is an actual meeting and normally the premises licence holder is invited to attend. In any event the premises licence holder has the right to request a further hearing after the initial interim steps hearing has taken place at which they can make their own representations.

• • •

The further hearing must take place within 48 hours of the request being received The licensing authority must then consider whether the interim steps ordered are necessary for the promotion of the licensing objectives - and either confirm, withdraw or modify the steps taken A full review must be held within 28 days of the initial request for an expedited review, and the full range of options are then available for the licensing authority

2.6

What is a licensing hearing?

The purpose of licensing hearings is to decide whether or not to grant a contested application for: • • • •

A personal licence, premise licence or club premises certificate A temporary event notice An application to vary a premises licence The review or revocation of a premises licence or revocation of a personal licence

The procedures of licensing hearings are delegated by the licensing authority to its licensing committee and are conducted by the licensing committee. A licensing committee may establish one or more sub-committees consisting of three members of the main committee.

Module 2 Premises Licence 12

What are licensing appeals for?

Delegation of functions The full committee, or a sub-committee, may in turn delegate its functions to an officer of the committee. However, officers of the committee may not deal with matters that are contested. These matters must be dealt with by a licensing committee or one of its sub-committees.

The Secretary of State’s powers The Secretary of State has the power to make regulations relating to the committees’ and sub-committees’ proceedings, public access to their meetings, publicity, agendas and records. Otherwise, licensing committees may regulate their own procedure and that of their sub-committees.

Any decision made as a result of a licensing hearing can be appealed to the local Magistrates’ Court.

2.7

What are licensing appeals for?

The appeals procedure provides a system of appeals to the Magistrates’ Court against the decisions of the licensing authority. Any party involved in that decision may appeal against it, i.e. applicants, responsible authorities or other persons.

So, for example, an applicant for a premises licence may appeal to a Magistrates’ Court against the inclusion in the licence of any conditions that the applicant sees as unreasonably restrictive. At the same time, the police or any member of the public would have a right of appeal against conditions that appeared to them to fail to promote the licensing objectives.

Applicants / licence holders may appeal to the Magistrates’ Court for the following reasons: The licensing authority has rejected an application for: a) a premises licence; b) a variation of a premises licence; c) a variation of the premises supervisor or a transfer of a licence to a new premises licence holder.

The imposition of conditions on a licence, the exclusion of a licensable activity or refusal to specify an individual as supervisor Other persons who can make an appeal: •

Anyone who made relevant representations during the course of an application may appeal against the decision to grant a licence Applicants, or any person who made relevant representations, may appeal against the decision to issue a provisional statement Where a licensing authority modifies the conditions of a licence before granting a variation, the applicant may appeal. Any person who made relevant representations can appeal against the decision to vary the licence The chief officer of police who gave a notice may appeal against the grant of an application to specify an individual as a premises supervisor or against the decision to transfer a licence Where a licensing authority cancels an interim authority notice following a notice from the chief officer of police, the person who gave the interim authority notice may appeal against the decision Where the licensing authority does not cancel the interim authority notice following a notice from the police, the chief officer of police may appeal The decision in relation to a review of a premises licence may be brought to appeal by the applicant for the review, the premises licence holder or anyone who made relevant representations

• • • • • •

Module 2 Premises Licence 13

What are licensing appeals for?

Appeals in relation to temporary event notices, personal licences and closure orders: • • • •

In relation to temporary event notices, premises users may appeal against the decision by a licensing authority to give a counter notice Applicants for personal licences may appeal against the decision to reject an application for a personal licence.

Personal licence holders may appeal against the revocation of that licence by the licensing authority. Where the police gave notice about relevant offences which come to light after the grant of a licence, the police may appeal against the decision The licence holder, or any person who made representations on a review of a premises licence following a closure order, may appeal against the outcome of the review

Module 2 Premises Licence 14

What is an operating schedule?

2.8

What is an operating schedule?

To apply for a premises licence the applicant will need to submit an operating schedule to the licensing authority.

This is included in the application form and is a written description of how the premises will operate and will reflect the risk assessment mentioned above.

Operating schedules - what they should include •

The opening hours - the Act does not set licensing hours, so applicants may specify the hours they want subject to objections from members of the public, or responsible authorities such as the police being upheld The style of business, for example, if they will be admitting children and when What licensable activities they intend to conduct on the premises

• •

The operating schedule must show what policies will be implemented in order to promote the ‘licensing objectives’ e.g. provision of CCTV, dispersal techniques and dealing with underage sales.

Policies to promote the licensing objectives •

Prevention of crime and disorder - reference to industry good practice and sources of guidance, e.g., membership of local Pubwatch scheme; staff training initiatives, nationally recognised qualifications, e.g., Award for Personal Licence Holders, BBPA guidance on drinks promotions, security in design; any involvement in local council and police crime and disorder forums Public safety - a statement demonstrating awareness and compliance with health and safety and fire prevention legislation. Where certain activities take place, e.g., dancing, and where the risk justifies it, the setting of a maximum occupancy limit. Reference to industry guidance, e.g., the BBPA’s ‘Safety in Pubs’ Prevention of public nuisance - outline any measures designed to minimise the possibilities of nuisance to the public arising in those areas of the premises and the immediate vicinity of the premises that are under the licensee’s control, e.g., ‘quiet notices’, sound-proofing insulation, volume limiters on music amplification equipment Protection of children from harm - a statement of policy on the admission of children. Where they will be admitted on the premises, if at all; whether there are any restrictions over and above those required by the Act; any child play areas and safety measures pertaining to these

• •

•

Variations to premises licences •

The operating schedule is incorporated into the premises licence. If the holder of a premises licence wishes to vary the licence he or she may apply at any time to do so Variations of a licence will normally be to change conditions such as opening times, or to add or remove licensable activities, e.g., an application to include ‘regulated entertainment’ to the list of licensable activities A change of DPS would, likewise, require an application

• •

Module 2 Premises Licence 15

What are ‘permitted temporary activities’?

2.9

What are ‘permitted temporary activities’?

Part 5 of the LA2003 makes provision for a system that would allow individuals known as ‘premises users’ to carry out licensable activities on a temporary basis (for a period not exceeding 168 hours), subject to various conditions and limits attaching to the number of events that may be permitted. Different limits apply depending on whether or not the person carrying out licensable activities holds a personal licence and the frequency of use of the premises.

Important Definition ‘Premises user’ means: A person aged at least 18 years who issues a temporary event notice.

‘Temporary activity’ means: A ‘permitted temporary activity’ is one that is carried on in accordance with a temporary event notice given to the relevant licensing authority and which satisfies certain conditions.

‘Temporary event notice (TEN)’ means: A notice submitted to the licensing authority by a premises user who proposes to carry on a licensable activity for a temporary period of not more than 168 hours. Such a notice is defined as a ‘temporary event notice’. The ‘premises user’ must be at least 18 years old.

Examples •

•

A personal licence holder may be engaged to run a temporary bar for a wedding at a venue not licensed for the sale of alcohol, or may wish to provide a temporary disco in premises licensed for the sale of alcohol, but not for the provision of regulated entertainment. For personal licence holders, the number of occasions which could be covered by these arrangements in any one year would be subject to a limit of 50 Where an individual who does not hold a personal licence wishes to carry out one or more licensable activities at any premises, regardless of whether they are covered by a premises licence relating to those activities, e.g., an individual may wish to run a bar and provide a band at a party to celebrate a 50th wedding anniversary. This may be done by the same person on no more than five occasions in any one calendar year

In addition, no particular premises may be used for temporary events on more than 15 occasions in any one calendar year.

These 15 occasions may not exceed 21 days in total.

Module 2 Premises Licence 16

What are ‘permitted temporary activities’?

Conditions for a temporary event •

The temporary event notice has been duly acknowledged by the licensing authority and notified to the police and environmental health The temporary event notice has not been subsequently withdrawn by the individual giving the notice The licensing authority has not issued a counter-notice. A counter notice would be issued following a hearing of any objections raised by the police or environmental health authority to the effect that the licensing objectives would be undermined by allowing the activity to go ahead or if the permitted limits to the person giving the notice or to the premises would be exceeded

• •

Details about a temporary event to be included in the TEN • • •

The licensable activities that are to be carried out The total length of the event - which must not exceed 168 hours The times during the event that the licensable activities are to be carried out (e.g., where an individual wishes to organise an event that covers 36 hours and where the bar will be open for two evenings within that time) The maximum number of people to be allowed on to the premises at any one time which must be less than 500 Whether any alcohol sales are to be made for consumption on or off the premises (or both) Any other information that may be prescribed by regulations

• • •

Notice periods and police and environmental health authorities objections TENs must be issued to the local licensing authority and notified to the police and environmental health authority.

There are two types of TEN: • •

a standard TEN - given no less than 10 working days notice before the event, and a late TEN - given no earlier than 9 days and not later than 5 working days before the event

If you hold a personal licence you can issue up to 10 late TENs a year; if you do not, up to two.

Before the time of the event the licensing authority must: • •

Acknowledge the notice The police and environmental health authority must consider the notice and decide whether to give notice of objection If the police or environmental health object the licensing authority must, if necessary, convene a hearing to decide whether to issue a counter notice

•

Module 2 Premises Licence 17

What mandatory conditions are attached to premises licences that authorise alcohol sales?

The temporary event notice must be submitted in duplicate and accompanied by the fee. The premises user must give a copy of any temporary event notice to: • •

•

The chief officer of police and environmental health authority for the area no later than 10 working days before the event is due to begin. TENs submitted less than 10 days but at least 5 working days can be accepted unless the police or environmental health authority object Where the police or environmental health are satisfied that allowing the premises to be used for a temporary event would undermine any of the licensing objectives, they must issue an ‘objection notice’ stating the reasons why they believes the temporary event would undermine the licensing objectives and which objectives are engaged by the application The objection notice must be given no later than three working days after the chief officer of police and environmental health is given the temporary event notice and is sent to the relevant licensing authority and the premises user

Police and environmental Health objections and the issuing of a counter-notice Where there is an objection to a temporary event notice, the licensing authority must: • • • •

Hold a hearing to consider the objection notice unless all parties agree that a hearing is unnecessary If the authority accepts the objection it must issue a ‘counter-notice’ to the premises user in which case the event cannot proceed If the authority does not accept the objection it must inform the police or EHA Any decision or counter-notice must be issued to the premises user at least 24 hours before the specified event period. A failure to do so will result in the premises user being able to proceed with the event

Modifying a temporary event notice • •

Section 106 of the Act provides that where the authorities have given an objection notice, at any point between notification and the hearing, the authorities and the premises user may agree to modify the temporary event notice in order that it no longer undermines the crime prevention objective When temporary event notices are modified in this way, the police objection notice is withdrawn and the temporary event notice has effect

2.10

What mandatory conditions are attached to premises licences that authorise alcohol sales?

Mandatory conditions for the sale of alcohol from on-sales premises: • • • • • • • •

Supplies of alcohol can only be made when a DPS has been appointed and is named on the premises licence All sales of alcohol must be made or authorised by a personal licence holder No irresponsible drinks promotions No alcohol to be dispensed directly into the mouths of customers Free potable water must be provided An age verification policy must be in place (to help prevent sales to underage customers). The premises licence holder is legally responsible for setting this policy and the DPS is legally responsible for ensuring it is applied Small measures of alcohol must be available and customers must be made aware of their availability on printed menus and price lists Under the Licensing Act 2003 alcohol may not be sold at a price below cost. This is defined as the amount of alcohol duty applicable to the product plus VAT at the prevailing rate.

Module 2 Premises Licence 18

What mandatory conditions are attached to all premises licences that authorise alcohol sales?

Mandatory conditions for the sale of alcohol from off-sales premises: • • • •

Supplies of alcohol can only be made when a DPS has been appointed and is named on the premises licence All sales of alcohol must be made or authorised by a personal licence holder An age verification policy must be in place (to help prevent sales to underage customers) Under the Licensing Act 2003 alcohol may not be sold at a price below cost. This is defined as the amount of alcohol duty applicable to the product plus VAT at the prevailing rate

Public Health (Minimum Price for Alcohol) Wales Act 2018 In addition to the prohibition of below-cost sales under the Licensing Act 2003, the Public Health (Minimum Price for Alcohol) (Wales) Act 2018 was implemented on the 2nd March 2020.

This law applies to all businesses, organisations and persons required to hold a license for alcohol.

The minimum unit price has been set at 50p per unit. Any retailer who sells or supplies, or authorises the sale or supply of, alcohol below the minimum unit price will be breaking the law and could be fined.

The Act includes a formula for how the applicable minimum price must be calculated. This formula is made up of the MUP (50p), the percentage strength of the alcohol and its volume.

MUP (£0.5) x Strength (%) x Volume (litres) = minimum price at which it can be sold.

For example, the calculation of the minimum price for a 70cl bottle of vodka of 40% ABV strength would be: 50p (MUP) x 40 (Strength) x 0.7 (Volume): 0.5 X 40 X 0.7 = £14.00 The minimum price this bottle of vodka could be sold is £14.00.

The penalty for committing this offence is a fixed penalty of £200.

Please note, there is currently no plan to introduce minimum unit pricing in England.

Examples of irresponsible drinks promotions • •

Games which require or encourage drinking a quantity of alcohol within a time limit Providing alcohol free or for a fixed or discounted fee or rewarding the consumption of alcohol in a way that creates a “significant risk” of undermining the licensing objectives Providing free or discounted alcohol dependent on the outcome of a sporting event, e.g., a free pint of beer if England wins Selling alcohol in association with promotional posters or flyers which condone, encourage or glamorise antisocial behaviour or refer to the effects of drunkenness in a favourable manner No sale or supply of alcohol in association with promotional materials on the premises that glamorise or encourage anti-social behaviour or refer to drunkenness favourably It is an offence to sell any alcoholic drinks’ product below cost. ‘Below cost’ means selling the product for less than the alcohol duty attached to the product plus value added tax – ‘duty + VAT’

• • • •

Module 2 Premises Licence 19

What must licence holders do to protect children?

Age verification policy A policy which applies ‘Check 21’ or ‘Check 25’, together with requirements to ask for ID documents such as PASS accredited proof of age cards and passports.

Small measures and customer awareness Alcohol must be made available only in the following measures: • • •

Draft beer or cider: 1/2 a pint, 1/3 of a pint, 2/3 of a pint (known as a Schooner) or multiples of 1/2 a pint. Half pint measures must be made available Gin, rum, vodka and whisky: 25 ml or 35 ml. Whichever of these is used the single measure must be made available Still wine by the glass: 125 ml

The availability of these ‘small measures’ must be displayed in menus, price lists or other printed material which is available to customers on the premises. If, when ordering, a customer does not specify the measure he or she wants, the member of staff selling or serving the customer must make him or her aware of the availability of the smallest measures. There is no requirement for premises to buy new glassware in which to serve small measures.

Industry guidelines on irresponsible drinks promotions Many of the industry’s own sensible drinks promotion guidelines have been expressed in the mandatory conditions on premises licences. However, industry guidelines supplement the law and below is a summary of those guidelines: • • • • • • • • • • •

Make sure you follow the law on irresponsible drinks promotions Ensure that underage drinkers are not targeted, even unintentionally, by promotions Only place advertising in media where a majority of the audience can reasonably be expected to be over the legal purchase age Avoid using any promotional images, symbols or cartoon characters that appeal primarily to those under the legal purchase age Never condone or encourage excessive or irresponsible drinking or refer in any favourable manner to the effects of intoxication in any promotion Respect people who choose not to drink and offer them a reasonable choice of alternative products so that they can enjoy their visit to your outlet Focus on the broad product or promotional characteristics, giving factual information on the alcoholic strength of a drink. Giving this information may help your customers to make informed decisions Strength should never be the dominant theme of any promotion or advertisement Industry guidelines on irresponsible drinks promotions Drinking and driving: where possible promote safe, reliable transportation alternatives within your venue Excessive alcohol consumption does not enhance sexual attractiveness, nor is it a requirement for social acceptance. Similarly, do not suggest association with violence, anti-social behaviour, drugs culture, or illegal drugs

Module 2 Premises Licence 20

What about children in licensed premises?

2.11

What must licence holders do to protect children?

The protection of children is one of the four licensing objectives and the Act details a number of offences in relation to protect children in licensed premises. The objective is to ensure that licensed premises offer a safe environment for children in terms of their physical, moral and psychological welfare. Children should be unable to access alcohol or drugs and be subject to an appropriate level of care and supervision at all times.

2.12

What about children in licensed premises?

It is an offence to admit children aged younger than 16 to certain categories of premises if an adult does not accompany them and if those premises are open for the supply of alcohol for consumption there.

Those premises are: • •

Those used exclusively or primarily for the sale or supply of alcohol for consumption on the premises Those used exclusively or primarily for the sale or supply of alcohol under a temporary event notice and at the time that the temporary event notice in question has effect

Children in premises after midnight It is also an offence to allow an unaccompanied child under 16 to be on relevant premises between the hours of midnight and 5.00 A.M. when the premises are open for the supply of alcohol for consumption there.

Defences The Act provides for a defence where a person, charged with any of the above offences, believed the child was aged 16 or over, or the person accompanying them was aged 18 or over and either took all reasonable steps to establish the individual’s age or nobody could reasonably have suspected from the individual’s appearance that he or she was aged under 16 or 18.

There is a further defence where someone is charged because of the act or default of another person and the person charged exercised all due diligence to avoid committing the offence.

No offence is committed if the child is merely passing through the premises, where this is the only convenient route.

2.13

Applications for proof of age cards

Proof-of-age card schemes currently operating nationally include CitizenCard, Validate UK, Age Entitlement Card and Civilian Card. A photo driving licence or passport may also be accepted as a proof of age.

All valid proof-of-age cards now include the PASS hologram logo that demonstrates to licensees or door supervisors that the card is genuine. PASS, which stands for ‘Proof of Age Standards Scheme’, is the UK-wide auditing and licensing body for ALL genuine cards. Cards carry a passport-style colour photograph of the holder, and the card design has been standardised to make it even more simple to identify 18+ cards.

Module 2 Premises Licence 21

Offences

UK Driving Licence

PASS Hologram Logo

CitizenCard

UK Passport

The importance of proof-of-age card schemes is that they help young drinkers of 18 years or older to enjoy a hassle-free night out, ensuring service upon production of the card. They also assist licensees in fulfilling their legal obligation not to serve alcohol to those under the legal age of purchase. The Home Office clearly state that accepting a card that incorporates the PASS-hologram, when used by the person whose photograph appears on the card, fulfils the licensee’s responsibility to exercise due diligence when checking the legal entitlement of a customer to purchase alcohol or other age-restricted products.

All PASS-accredited card issuers are required to ensure that every application is sponsored by a professionally qualified adult, such as a doctor, teacher or magistrate; in addition every application is vetted to check that the applicant is 18 or older.

2.14

Offences

Sale of alcohol to children It is an offence to sell alcohol to children anywhere, not just from licensed premises.

Under section 147 of the Act a person commits an offence if he/she sells alcohol knowingly, or in the case of a club, supplies alcohol, to a person under the age of 18. The categories of person who may commit the offence includes any person who works on the premises in a capacity that gives him/her the authority to prevent the sale or supply of alcohol to a child under 18. This includes an officer of a club who is present at the time of the supply in a capacity that gives him/her the authority to prevent that supply.

Challenge 21 and Challenge 25 schemes The objective of Challenge 21/25 is to make it easier for staff selling or serving alcohol to avoid underage sales.

If a customer looks under 21 or 25 years of age (depending on which scheme the premises applies) then the staff member should ask for proof of age to establish that the customer is at least 18 years old.

Fixed penalty notices The police are empowered to issue fixed penalty notices to staff who sell alcohol to underage persons as an alternative to prosecution. The fixed penalty fine for sales to underage persons is currently ÂŁ90.

Module 2 Premises Licence 22

Offences

Multiple offences Police or trading standards may ask a licensing authority to review a premises licence in the event of multiple offences. There is also an offence of ‘persistent selling to children’ under the Crime Reduction Act 2006. This offence is committed if two or more underage sales are detected within a 90 days period. The penalty for this offence is an unlimited fine and/or a three month premises licence suspension.

As an alternative to a fine, the premises licence holder may agree to voluntary period of closure up to a maximum of 14 days.

Prohibition of unsupervised sales by children Section 153 of the Act makes it an offence for a responsible person knowingly to allow an individual under the age of 18 to sell or, in the case of a club, to supply alcohol unless each sale or supply has been specifically approved by that responsible person.

Exceptions Alcohol sales in dining areas - the offence in this section is not committed where the alcohol is sold for consumption with a table meal in a part of the premises used only for this purpose. The effect of this exception is that, for example, a minor will be able to serve alcohol in a restaurant or in the dedicated dining area of a pub.

Consumption of alcohol by children Section 150 of the Act makes it an offence for a child knowingly to consume alcohol on licensed premises. The offence will thus not be committed if the child inadvertently consumes the alcohol, for example if his/her drink is spiked.

It is also an offence for an authorised person knowingly to allow the consumption of alcohol by a child under 18 on licensed premises.

Exceptions •

The exception is a child of 16 or 17 who may consume beer, cider or wine with a meal provided it is bought for him/her by a person of at least 18 years of age. A person at least 18 must also supervise the 16 or 17 year-olds consumption of the alcohol at the meal A purchase or an attempted purchase of alcohol by a child under 18 will not be an offence if the child was asked by a police officer, weights and measures inspector or trading standards officer, acting in the course of their duty, to buy or attempt to buy alcohol in order to conduct test purchasing operations to establish whether licensees and staff working in licensed premises are complying with the prohibition on underage sales

•

Penalties for breach •

A purchase or attempted purchase of alcohol by someone under 18: a fine not exceeding Level 3 on the standard scale Knowingly allowing the consumption of alcohol by someone under 18: a level 5 fine, which is now unlimited.

•

Module 2 Premises Licence 23

Awareness of other legislation related to the protection of children

Defences to the above offences • •

Due diligence All reasonable steps taken to avoid commission of the offence

Purchase or supply of alcohol by or to children Section 149 of the Act makes it an offence for a child under 18 to buy or attempt to buy alcohol whether or not on licensed premises, or, if he/she is a member of a club, for him/her to have alcohol supplied to him/her by the club (in circumstances where he/she actively caused the supply or attempted to do so).

Delivering alcohol to children Section 151 of the Act sets out offences relating to the delivery of alcohol to children. It is an offence for someone working on relevant premises knowingly to deliver to a child alcohol that is sold on the premises or supplied there on behalf of a club. The offence would cover, for example, circumstances where a child takes delivery of a consignment of alcohol bought by his/her father from an off-licence.

Exceptions Delivery to home or place of work; an offence is not committed if the alcohol is delivered to the home or place of work of the purchaser (for example, where a child opens the door and signs for the delivery of his/her parents order at his/her house).

Where the minor was doing his job; an offence is not committed where the job of the minor who took delivery involves delivery of alcohol (for example, where a 16 year old office worker is sent to collect a delivery for his/her employer), nor where the alcohol is sold or supplied for consumption on the relevant premises.

Sending a child to obtain alcohol Section 152 of the Act makes it an offence knowingly to send a child to obtain alcohol that is sold or supplied for consumption off the premises. The offence would cover, for example, circumstances where a parent sends their child to an off-licence to collect alcohol that had been bought over the telephone, regardless of whether the child collects the alcohol from the off-licence premises or from some other premises to which it had been delivered.

The same exceptions apply as for the offences above.

2.15

Awareness of other legislation related to the protection of children

Premises licence holders need to be aware of other legislation relating to the protection of children, particularly in on-sales premises where there may be supervised play facilities. In particular, notice must be taken of legislation relating to the safe recruitment and selection of those who work with vulnerable groups, including children. It is also very important to ensure that play facilities are managed properly and comply with health and safety legislation.

Child protection measures should be included within the premises operating schedule.

Module 2 Premises Licence 24

What are the penalties for breaching conditions on a premises licence?

2.16

What are the penalties for breaching conditions on a premises licence?

If licensable activities are conducted in breach of any of the conditions on a premises licence the penalty is an unlimited fine and/or six months imprisonment.

2.17

Which forms of entertainment are regulated and which are exempt?

Regulated • • • • •

Plays - both performance and rehearsal The showing of films (or any exhibition of moving pictures) All indoor sporting events Outdoor boxing and wrestling matches (but no other form of outdoor sport is regulated by the Act) Music - both the performance of live music and the playing of recorded music (no distinction is made between different musical styles) Public dancing or the performance of dance, where the entertainment takes place in the presence of an audience and is provided for their entertainment

•

Live and recorded music In respect of premises authorised to sell or supply alcohol under a premises licence or club premises certificate the licensing requirements and audience limits are as follows: •

There is no requirement to licence unamplified live music between the hours of 08.00 and 23.00 for audiences of any size There is no requirement to licence amplified live music or recorded music for audiences of no more than 500 people

•

Module 2 Premises Licence 25

Which forms of entertainment are regulated and which are exempt?

These activities will apply differently to different types of venues: • • •

Licensed premises – As these activities will no longer be considered licensable activities, any existing conditions on the licence which refer specifically to ‘live music’ will not apply to them Workplaces – Defined as a premises not licensed for the sale of alcohol or regulated entertainment and which is defined as a ‘workplace’ in the Workplace (Health, Safety & Welfare) Regulations 1992. In workplaces the provision of live music would not be considered a licensable activity and as such would not require a licence Unlicensed Premises – There will be no requirement for any premises to hold a licence for the activity of unamplified music no matter how large the audience

Dancing that may be classed as sexual entertainment, but not caught by Sexual Entertainment Venue (SEV) legislation (lap-dancing etc.), must be authorised by the premises licence regardless of the size of the audience that attend such entertainment.

Exempt A number of exemptions to regulated entertainment are contained in the Act including: • • • • • • • • • •

The showing to an audience of a television or radio broadcast (provided that the programmes have not been pre-recorded) Music which is incidental to an activity which is not itself the provision of regulated entertainment, for example, music played in lifts or piano music played in the background in a restaurant Film exhibitions used for product demonstration, advertisement, information, education or instruction. This would exempt, for example, educational films shown in schools, or special advertisements shown at product display stands in shopping centres The provision of entertainment or entertainment facilities for the purposes of, or incidental to, a religious meeting or service provided at a place of religious worship. This would exempt not only the singing of hymns, or other religious material at a religious service, but also the performance of a classical concert at a church Entertainment at a garden fete Morris Dancing, or dancing of a similar nature Entertainment provided on vehicles in motion The provision of regulated entertainment by or on behalf of local authorities, health care providers or schools (referred to as ‘trusted providers’) on their own premises are exempt from entertainment licensing requirements between 08.00 and 23.00 with no audience limit The same ‘trusted providers’ are exempt from the requirement to licence regulated entertainment if they make their premises available to third parties Travelling circuses are exempt from the need to licence Greco Roman and Freestyle wrestling for audiences up to 1,000 people

Where the licensable activities to be conducted include the retail sale of alcohol a designated premises supervisor must be appointed.

Module 2 Premises Licence 26

What is a designated premises supervisor?

2.18

What is a designated premises supervisor?

Important Definition The term ‘designated premises supervisor’ (DPS) means: A person who holds a ‘personal licence’ and who is named on the premises licence as the person designated to supervise the premises.

The role of the DPS is to: • • • • • •

Be the single point of contact for the police and licensing authority Supervise the operation of the premises Ensure that the licensable activities carried on in the premises are carried on lawfully Make retail sales of alcohol or to authorise the retail sale of alcohol Co-operate with the licensing authorities in promoting the four licensing objectives To carry out a risk assessment and to assist in preventing crime, violence and disorder and anti-social behaviour in and around licensed premises

When applying for a new premises licence or major variations to an existing premises licence, the applicant or the DPS must conduct a thorough risk assessment to demonstrate what policies they have in place to promote the four licensing objectives.

They must produce an operating schedule to fully explain how those objectives will be met.

Key Points • • • • • • • • •

There are four licensable activities A premises licence is needed for three of them to be lawful: the sale of alcohol, regulated entertainment and late-night refreshment A club premises certificate is needed for the supply of alcohol and regulated entertainment in a members club to be lawful An applicant for a premises licence must explain in the operating schedule how the licensing objectives will be promoted A designated premises supervisor must be named on the premises licence if the retail sale of alcohol is one of the licensable activities Temporary events can be conducted under the authority of a temporary event notice The protection of children from harm is a licensing objective and must be taken very seriously There are a number of offences in relation to children and alcohol Apply Check 21 or Check 25 and only accept valid ID and proofs of age

Module 2 Premises Licence 27

What is a personal licence and what does it entitle the holder to do?

Module 3:

Personal Licence 3.1

What is a personal licence and what does it entitle the holder to do?

Important Definition ‘Personal licence’ means: A licence granted to an individual that enables that individual to make sales of alcohol or to authorise other people to make sales of alcohol from a premises with a premises licence.

Under the LA2003 there is a dual system of licensing. The licensing of premises is separate from the licensing of persons who authorise sales of alcohol from those premises. A personal licence is therefore not attached to the premises in which the personal licence holder works, but is portable in the same way that a driving licence is portable.

All sales of alcohol from premises with a premises licence must be authorised either specifically or generally by a personal licence holder. This does not mean that a personal licence holder must be present on licensed premises all the time it is open for the sale of alcohol.

It does mean that there must be a meaningful act of authorisation and not an abdication of responsibility.

This act of authorisation could be implied from the presence of the personal licence holder on the premises or authorisation could be achieved in writing from the DPS (who must be a personal licence holder).

Module 3 Personal Licence 28

Who grants personal licences and how long are they valid for?

3.2

Who grants personal licences and how long are they valid for?

A personal licence is granted by the local licensing authority in whose area the applicant lives. If an applicant lives outside England and Wales he/she can apply to any licensing authority. Once granted a personal licence does not have to be renewed; it lasts in perpetuity unless surrendered by the holder or revoked by the licensing authority.

3.3

How do you apply for a personal licence?

An individual may apply for the grant of a personal licence.

An application for the grant of a personal licence would normally be made to the licensing authority for the area in which the applicant currently lives.

The application form for a personal licence can be obtained from the local licensing authority and requires the applicant to provide the following information: • • • •

His or her name (including any previous or maiden names) Date of birth Contact numbers Current address, and if the applicant has lived at that address for less than five years, details of previous addresses Previous or outstanding applications for a personal licence

•

The application should be accompanied by the following documents: •

Two photographs of the applicant, one of which is endorsed as a true likeness of the applicant by a solicitor or other professional person The photograph must be taken against a light back ground, 45 mm x 35 mm, full face without sunglasses, hat or other head covering, unless the applicant wears a head covering due to his or her religious beliefs The photographs must be on photographic paper A copy of the applicant’s licensing qualification A signed declaration that he or she has not been convicted of a relevant or foreign offence An up-to-date DBS disclosure form Proof of right to work documentation (e.g. photocopy of UK passport)

• • • • • •

The applicant is required to sign a form stating that the information contained in it is correct to the best of his or her knowledge or belief. It is an offence knowingly to make a false statement in connection with an application for a personal licence.

Module 3 Personal Licence 29

What criteria does an applicant have to meet to be eligible for a personal licence?

Sit training course and gain APLH qualification Apply for DBS check Complete application form and sign declaration Submit application form, signed declaration, DBS Basic Disclosure form, APLH certificate, right to work and fee to licensing authority Personal Licence granted or refused

3.4

What criteria does an applicant have to meet to be eligible for a personal licence?

The eligibility criteria for the grant of a personal licence are that: • • • • •

The applicant is at least 18 years old Possesses an accredited qualification (APLH) or is a person of ‘prescribed description’ Has not had a personal licence forfeited in the last five years Has no unspent relevant or foreign convictions Is eligible to work in the UK

The licensing authority must reject the application for a personal licence if the applicant fails to meet any of the first three eligibility criteria. If the first three criteria are met, but the fourth criterion is not met, the licensing authority must inform the relevant chief officer of police.

3.5

Can anyone object to the application for a personal licence?

Only the police may object to an application for a personal licence.

Within 14 days of having been notified of a personal licence application, the chief officer must give to the licensing authority notice of objection to the grant of a licence if he/she is satisfied that granting it would undermine the prevention of crime and disorder - the ‘crime prevention objective’. Such an objection would follow the disclosure that the applicant had an unspent relevant conviction or foreign conviction for a criminal offence. In the absence of such an objection, the licensing authority must grant the application.

When an objection is lodged by the police, the licensing authority must hold a hearing to decide whether to reject or grant the licence and must give reasons for its decision. The need for such a hearing may be dispensed with by agreement between the authority, the applicant and the police.

Module 3 Personal Licence 30

What is the procedure for deciding an application for a personal licence?

3.6

What is the procedure for deciding an application for a personal licence?

A personal licence is required by anyone who wants to authorise the sale of alcohol. Provided that all the eligibility criteria listed in 3.4 above have been met, then an application for a personal licence will be determined in one of two ways: • •

The licence will be granted by an officer of the licensing authority, if no objection to the application is received If the police object to the application it will be determined by the licensing committee,or a sub-committee, following a hearing at which the applicant and police can appear

3.7

Is anyone automatically disqualified from holding a personal licence?

You are automatically disqualified from holding a personal licence if: • • • •

You are aged less than 18 years You do not hold a relevant accredited licensing qualification (APLH) You have forfeited a personal licence within five years of application You are not eligible to work in the UK

3.8

What is meant by ‘relevant offences’ and ‘foreign offences’?

‘Relevant offences’ and ‘foreign offences’ are defined in detail in Schedule 4 of the LA2003 and fall into the following categories: • • • • • • •

Offences under the LA2003 Offences under various enactments by local authorities and previous Licensing Acts Offences involving serious crime or serious dishonesty Drink driving Offences involving the supply of drugs Certain sexual offences An offence under section 3 of the Private Security Industry Act 2001 (engaging in certain activities relating to security without a Security Industry Authority licence) The foreign equivalent of any of the above

•

Relevant offence of drink driving Personal licence holders should note that a drink driving conviction, or a conviction for driving under the influence of drugs are relevant offences that could lead to the suspension of forfeiture of a personal licence.

3.9

What are ‘spent offences’?

Convictions for relevant or foreign offences must be disregarded when the offences are ‘spent offences’ under the Rehabilitation of Offenders Act 1974.

Module 3 Personal Licence 31

What the legal duties of a personal licence holder?

3.10

What are the legal duties of a personal licence holder?

When convicted of a relevant offence during application During application an applicant must notify the licensing authority as soon as is reasonably practicable if he/she is convicted of a relevant offence or a foreign offence during the application period. The ‘application period’ begins when the application for grant is made and ends when it is granted or withdrawn.

A person commits an offence if he/she fails, without reasonable excuse, to comply with this requirement and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

When charged with a relevant offence after grant Where the holder of a personal licence is charged with a relevant offence, he/she must produce the licence to the court before the case against him/her is heard (or if that is not possible they must explain why). If an individual is granted a personal licence after being charged, he/she must produce the licence to the court (or explain why they can’t). A licence holder must also notify the court if, after having first produced his/her licence, the licence is renewed, surrendered or revoked.

Failure to comply with any of these requirements is an offence.

• • •

If a personal licence holder is convicted for a relevant offence, the court may forfeit the personal licence, or suspend it for up to six months. The holder then loses the right to authorise retail sales or supply of alcohol An order to forfeit or suspend the licence may itself be suspended by the convicting court allowing the licence to continue in force pending an appeal by the licence holder. This will enable the licence holder to continue authorising alcohol sales pending the outcome of an appeal If a personal licence is forfeited or suspended then the holder of the licence ceases to have the right to authorise the retail sale or supply of alcohol

When an offence comes to light later Where an applicant for the grant of a personal licence is convicted of a relevant offence in the period between the application being made and it being granted, but knowledge of the conviction emerges after the grant of the licence, then the licensing authority may revoke the licence after consultation with the police.

The police must be consulted before a personal licence is revoked under these circumstances. The purpose of this consultation is to enable the police to give the licensing authority notice that they object to the continuation of the licence where they believe that the crime prevention objective of the Licensing Act 2003 would be undermined if the licence continued. The notice of objection must be given within 14 days of receiving notification of the applicant’s conviction.

Module 3 Personal Licence 32

What the legal duties of a personal licence holder?

When surrendering a personal licence Where the holder of a personal licence wishes to surrender his/her licence he/she 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 to the relevant licensing authority the personal licence lapses and the holder can no longer authorise the retail sale of alcohol from licensed premises.

On revocation, forfeiture or suspension of a personal licence A personal licence ceases to have effect when it is revoked or forfeited.

Revocation A personal licence applicant has a duty to inform the licensing authority if he/she is convicted of a relevant or foreign offence during the application period.

A personal licence may be revoked where a licensing authority becomes aware that the holder has been convicted of a relevant or foreign offence during the application period.

Module 3 Personal Licence 33

What the legal duties of a personal licence holder?

Forfeiture or suspension A personal licence holder has a duty to inform the court of his/her status as a personal licence holder if he/she is charged with a relevant offence. This must be done at the time of his/her first appearance before the court. Failure to do so is a criminal offence that may lead to the licence being forfeited.

If a personal licence holder is subsequently convicted the court must inform the relevant licensing authority. If the personal licence holder fails to notify the court that they hold a personal licence he/she has a duty to inform the relevant licensing authority if he/she is convicted as soon as is reasonably practicable. The personal licence holder must also inform the licensing authority if he/she is convicted of a foreign offence.

A personal licence may be forfeited, or suspended for up to six months, where the holder is convicted of a relevant offence by a court in England or Wales.

When a change of name and/or address occurs The holder of a personal licence must, as soon as is reasonably practicable, notify the relevant licensing authority of any change in his/her name or address.

When notifying the licensing authority of a change of name or address the personal licence must accompany the notification or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

Production of licence Section 135 of the Act requires a personal licence holder who is on the premises to sell, or authorise the sale of, alcohol, by virtue of a premises licence or temporary event notice, to produce his/her licence, if required to do so, to a constable or to an officer of the licensing authority. The constable or licensing authority officer must provide identification as evidence that they are authorised to demand production of a personal licence, failing to produce is an offence.

Reporting lost or stolen licences As from the 26th May 2016 it ceased to be a legal requirement for a personal licence holder to report the loss or theft of their personal licence to the police before applying for a duplicate.

Penalties for breach A person found guilty of not complying with the above requirements is liable on summary conviction of a fine not exceeding level 2 on the standard scale.

Module 3 Personal Licence 34

What are unauthorised licensable activities and prohibitions?

Module 4:

Unauthorised licensable activities 4.1

What are unauthorised licensable activities and prohibitions?

Unauthorised licensable activities ‘Unauthorised licensable activities’ are licensable activities, such as selling alcohol, providing regulated entertainment or late-night refreshment, that are carried on without the authorisation of the necessary licence or certificate. Section 136 of the Act makes it an offence to carry on or to attempt to carry on a licensable activity without the authorisation of, as appropriate: • • •

A premises licence A club premises certificate A temporary event notice

It is also an offence knowingly to allow such an activity to be carried on.

A person guilty of permitting unauthorised licensable activities is liable on summary conviction to imprisonment for a term not exceeding six months and/or an unlimited fine.

Exceptions Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence if his or hers only involvement is: • • • • • • • •

Performing a play Participating in an indoor sporting event as a sportsman/woman Boxing or wresting in a boxing or wrestling entertainment event Performing live music Playing recorded music Performing dance Performing something similar to music, dance etc.

The Act, therefore, protects performers in any of the above categories from prosecution if they participate in an unauthorised licensable activity. The Act seeks to penalise those who organise or carry on such activities.

Module 4 Unauthorised licensable activities 35

Prohibitions and exemptions

Exposing alcohol for unauthorised sale Section 137 of the Act makes it an offence to expose alcohol for sale by retail without the authorisation of a premises licence, club premises certificate or temporary event notice. The effect of this provision is that an offence can be committed in a case where no sale or attempted sale is in fact made.

Keeping alcohol on premises for unauthorised sale Section 138 of the Act makes it an offence to keep alcohol on premises with the intention of selling it by retail without the authorisation of the appropriate licence.

In respect of keeping alcohol on premises for unauthorised sale, upon conviction for this offence, a court may order the confiscation of the alcohol in question and its containers, which may then be destroyed or otherwise dealt with as the court orders.

The penalty for this offence is a fine not exceeding Level 2 on the standard scale. It is also an offence to keep smuggled goods on licensed premises. On conviction such goods may be confiscated. Persons liable for such offences include: anyone working on the premises, paid or unpaid, who is in a position to prevent the offence from taking place.

Defence of due diligence Section 139 of the Act provides for a defence of ‘due diligence’ whereby a person who is charged with an offence of carrying on an unauthorised licensable activity, exposing alcohol for unauthorised sale or supply has a defence if his/ her act or omission was mistaken, was due to his/her relying on information given to him/her, was the fault of another person or was due to some cause beyond his/her control and he/she took all reasonable precautions and exercised all due diligence to avoid committing the offence.

4.2

Prohibitions and exemptions

Prohibitions The LA2003 prohibits the sale of alcohol from motorway service areas if the premises are situated on land acquired or appropriated by a special road authority, but not on privately owned land. Alcohol sales are also prohibited from premises ‘primarily used’ as a garage.

The argument over this legislation in the past has centred on what is meant by the term ‘primarily used’. Many current licences have been granted on the basis that premises that include both a service station and a local shop are ‘primarily used’ as a shop, rather than as a filling station. New powers exist for the Secretary of State to exclude or include premises from the general prohibition under this section. This power could be used to set a limit on the proportion of petrol sales that would allow premises to operate a premises licence.

Nevertheless, section 176 of the LA2003 contains the general restriction that no premises licence, club premises certificate or temporary event notice may authorise the sale or supply of alcohol on or from excluded premises.

Excluded premises are defined as: • •

Motorway service stations (used in connection with the use of a special road) Premises which are primarily used as a garage or which form part of premises which are primarily so used (this includes premises used for the sale and maintenance of vehicles as well as petrol and DERV

Module 4 Unauthorised licensable activities 36

Prohibitions and exemptions

Exemptions Certain activities are deemed not to be licensable, i.e., they may still take place but do not require a licence, provided they are carried on in certain ‘exempted places’ as follows: • • • • • • • •

Aboard an aircraft, hovercraft or railway vehicle while engaged on a journey Aboard a vessel engaged on an international journey At an approved wharf at a designated port or hoverport At an examination station at a designated airport - beyond the check-in, the duty free area At a royal palace At premises occupied by the armed forces At premises that are exempt on the grounds of national security At such other place as may be prescribed

There is power for a Magistrates’ Court to ban alcohol sales on trains and other moving vehicles if public order may be threatened. This could cover a variety of situations, e.g., a train carrying fans to a football match.

Exemption for tombola, raffle and lottery The issue of prizes of alcohol in small raffles etc., had long been a cause for concern under the LA1964, and the purist view was that a licence was needed where a ticket was purchased that included the chance to win alcohol, as it could be said that a sale or supply of alcohol had taken place. This placed unfair burdens on small organisations and led to accusations that they were breaking the law, albeit unwittingly.

This has been addressed by the LA2003, section 175, in allowing the giving of prizes of sealed containers of alcohol in a lottery to be regarded as a non-licensable activity. The conditions for this exemption are that: • •

The lottery is promoted as part of an exempt entertainment The whole proceeds of the entertainment (including the lottery), are applied for purposes other than private gain (after deduction of expenses) None of the exceptions below apply

•

Exceptions A lottery will not be exempt from the LA2003 if: • • •

The alcohol is not in a sealed container Any prize in the lottery is a money prize The tickets are sold other than on the premises and during the entertainment, or the result is announced in similar circumstances The lottery or gaming is the main inducement to attend the entertainment

•

Module 4 Unauthorised licensable activities 37

Prohibitions and exemptions

Key Points • • • •

Licensable activities are illegal if conducted without the necessary licence or certificate Performers of unauthorised regulated entertainment are protected from prosecution; the law aims to target those who organise or provide entertainment without authorisation It is illegal to sell alcohol from motorway service stations or premises primarily used as a garage Licensable activities can be provided without a licence from certain ‘exempted places’

Module 4 Unauthorised licensable activities 38

What does the ‘supply of alcohol’ mean?

Module 5:

Alcohol 5.1

What does the ‘supply of alcohol’ mean?

The ‘supply of alcohol’ means: • •

The sale by retail of alcohol The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club

Where the supply of alcohol is by way of a retail sale, then this can only take place on premises with a premises licence; premises in respect of which a temporary event notice has been granted; or premises that have been granted a club premises certificate.

The ‘supply of alcohol’ as a licensable activity means the supply of alcohol by or on behalf of a club to, or to the order of its members. This is necessary due to the fact that alcohol in possession of a club will belong to its members and in terms of its further distribution to the members there will be no sale by retail.

5.2

What is the legal definition of alcohol in the Licensing Act?

Important Definition Section 191 of the Act defines ‘alcohol’ as being: spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor. It does not include any liquor of 0.5% strength or below at the time of the sale or supply in question. It does not include perfume, flavouring essence, alcohol that is, or is included in, any medicine, denatured alcohol (methylated spirits) or alcohol contained in liqueur confectionery.

Module 5 Alcohol 39

What is the difference between retailing and wholesaling alcohol?

5.3

What is the difference between retailing and wholesaling alcohol?

Retailing alcohol Section 192 defines the ‘sale by retail’ of alcohol as a sale of alcohol to a person - as opposed to a sale to a trader for trade purposes; to a club which holds a club premises certificate; to a premises licence holder or to a premises user with a temporary event notice. The purpose of these exemptions from the definition of ‘sale by retail’ is to ensure that purely ‘business-to-business’ sales are excluded from the scope of the Act.

Wholesaling alcohol A ‘wholesale sale’ means the sale of alcohol to a trader for trade purposes. Under previous legislation the distinction between wholesale and retail sales was defined by reference to the quantity of alcohol sold. That distinction does not now apply. If alcohol is supplied in any quantity for trade purposes to a premises with a premises licence, a premises with a club premises certificate or to a premises user with a temporary event notice, for the purposes permitted by those certificates, licences or notices, then that is a ‘wholesale sale’ of alcohol.

Alcohol Wholesaler Registration Scheme If you sell alcohol to another business you will need to apply to register for the Alcohol Wholesaler Registration Scheme (AWRS). This scheme was introduced by HM Revenue and Customs (HMRC) to tackle alcohol fraud.

• • • •

If you only sell alcohol to the general public and not to other businesses you won’t need to apply The scheme does not apply to individuals purchasing alcohol from retailers for their own use If you buy alcohol to sell from a UK wholesaler, you’ll also need to check that whoever you buy from has registered with HMRC and has an AWRS Unique Reference Number (URN) If you buy alcohol from a non-registered wholesaler when they should be approved and registered with HMRC, you may be liable to a criminal or civil penalty and your alcohol may be seized

Trade buyers are able to use an online look-up service of approved wholesalers to check that the wholesalers they buy from are registered: https://www.gov.uk/check-alcohol-wholesaler-registration

Internet and mail order sales A call centre receiving orders by internet or mail order does not require a premises licence or a personal licence holder to authorise sales. The point where the contract is appropriated to the sale must have a premises licence and a DPS, i.e., the premises from which the order is dispatched. The ID of the recipient should be checked on delivery if it is suspected that the person receiving the order is less than 18 years old. Apply ‘Check 21’ or ‘Check 25’ as appropriate.

Module 5 Alcohol 40

How is the strength of an alcoholic drink measured?

5.4

How is the strength of an alcoholic drink measured?

Alcoholic strength and ‘ABV’ An alcoholic drink is a mixture of alcohol and water. The greater the amount of alcohol as a percentage of the total volume of a drink, the stronger, or more intoxicating the drink. This measurement of alcoholic strength is called ‘alcohol by volume’ or ‘ABV’.

Some examples:

Beers When labelled as 3.5% ABV, this means that 3.5% of any given quantity of this beer is pure alcohol. There are over 1,000 beers and ciders on sale in the UK, the vast majority of which have an ABV in the range of 3% to 9%. However, there are some beers with a much stronger alcohol content.

Vodka If labelled as 40% ABV, this means that 40% of a drink labelled as vodka is pure alcohol. Most spirits have a 40% ABV.

Wines When labelled as 13% ABV, this means that 13% of a glass, bottle or carafe of wine is pure alcohol. Wines range from 9% to 16% ABV.

Labelling Packaged drinks with an ABV of more than 1.2% must be labelled with their alcoholic content by volume. Draught products usually have the ABV stated on the invoice, or on the brewery product or stock list. They may also be shown on the font label. The ABV must be shown on the price list. Cocktails and other mixed drinks are excluded from this requirement. The drinks industry has agreed a new code whereby the number of units of alcohol will be displayed on labels and beer fonts.

Low-alcohol beers and lagers To be classed as ‘low-alcohol’ a drink should contain no more than 1.2% ABV. ‘Low-alcohol’ drinks must be labelled with their maximum percentage ABV.

Alcohol-free beers and lagers To be classed as ‘alcohol-free’ or ‘no-alcohol’, the drink should contain no more than 0.05% ABV. ‘Alcohol-free’ drinks must be labelled with their maximum percentage ABV.

Module 5 Alcohol 41

How does alcohol affect us?

5.5

How does alcohol affect us?

Alcohol is an intoxicant that alters the consciousness and self-awareness of the drinker. Motor skills, the ability to reason and emotional state, are all affected by the consumption of alcohol. People get drunk because they drink more quickly than their body is able to eliminate alcohol from their bloodstream.

Low-risk drinking The following advice is based on the Chief Medical Officer’s revised ‘low risk’ drinking guidelines:

Men & women Men and women are advised: • • • • •

You are safest not to drink regularly more than 14 units of alcohol per week, to keep health risks from drinking alcohol to a low level If you do drink as much as 14 units per week, it is best to spread this evenly over three days or more If you have one or two heavy drinking sessions you increase your risks of death from long-term illnesses and from accidents and injuries If you wish to cut down the amount you’re drinking, a good way to help achieve this is to have several drink-free days each week Women who are pregnant or planning for a pregnancy are advised that the safest approach is not to drink alcohol at all

Do • • • •

If you do have an episode of heavy drinking, abstain for 48 hours to let your body recover Remember drinks poured at home are often bigger than pub measures Get help from your doctor or a specialist agency if worried about your drinking It is recommended that both men and women should have three alcohol-free days per week

Do not • • • • •

Drink and drive Operate machinery, use electrical equipment or work at heights after drinking Drink before playing sports or swimming Drink while on certain medications - check labels and ask your doctor or pharmacist if unsure Binge drink - it can lead to health and other problems

Module 5 Alcohol 42

How does alcohol affect us?

Alcohol and the brain The active or intoxicating ingredient of any alcoholic drink is ethyl alcohol. This is a chemical that affects the way the brain and body works. In the early stages of intoxication when a person has had one or two drinks he/she may feel more relaxed and talkative. This is because alcohol’s first effect is on the emotion axis of the brain which controls inhibitions. Alcohol disinhibits the drinker.

As the alcohol level rises more signs of drunkenness appear as different parts of the brain’s centres become affected:

A) The emotion axis Resulting in fewer inhibitions.

B) The vision axis Resulting in poorer vision or double vision.

C) The speech axis Resulting in slurred speech.

D) The movement axis Staggered movements resulting in lack of balance.

E) The autonomous axis The part of the brain that keeps the heart beating and lungs functioning. If the primitive brain is affected by excessive alcohol it can result in unconsciousness or death. This is known as ‘alcohol poisoning’.

Getting Drunk 1-3 units Drinkers become more active, feel alert, cheerful. Many people find it easier to socialise and talk to others. The pulse rate and breathing get faster and the veins widen.

4-7 units The alert and relaxed state continues, but judging situations becomes more difficult. Everyday actions seem to become easier (such as driving), but more mistakes are made as reaction times are longer and the angle of vision begins to decrease.

Module 5 Alcohol 43

How does alcohol affect us?

8-10 units Drinkers become careless and silly. They do things they would not normally do when sober. Cheerfulness can turn to depression, and they find it more difficult to control aggression, leading to an increased tendency to get into brawls and fights.

Over 10 units Motions and movements become awkward and, in some people, increasingly violent. Seeing, walking and talking all become more difficult. Drinkers do things and then cannot remember doing them afterwards. Stupor and unconsciousness can result from this level of intoxication.

Measuring/calculating units ABV does not provide an easy-to-understand way of calculating the amount of alcohol contained in different drinks, nor to compare the strength of one drink with another; counting the number of ‘units’ of alcohol in a drink is the best way to do this.

A unit of alcohol is 8 grams or 10 ml of pure alcohol. To calculate the number of units of alcohol in a given quantity of any drink, apply the following formula: Quantity of liquid in ml x % ABV x 0.001 = units of alcohol contained

Examples One pint of beer or lager (568 ml) @ 5% ABV 2.84 units (568 x 5 x 0.001 = 2.84 units) 125 ml of wine @ 16% ABV = 2 units (125 x 16 x 0.001 = 2 units) 25 ml of whisky @ 40% ABV = 1 unit (25 x 40 x 0.001 = 1 unit) Alcohol is absorbed into the bloodstream and therefore reaches all parts of the body. The effect that alcohol has on an individual depends directly on how much alcohol is in the bloodstream at any one time, in other words the ‘bloodalcohol content’ or BAC. BAC is measured in terms of milligrams (mg) of alcohol in millilitres (ml) of blood.

A BAC of 80 mg of alcohol in 100 ml of blood is the level above which it is an offence to drive. Measured on a breathalyser, this equates to 35 microgrammes of alcohol in 100 ml of breath.

Module 5 Alcohol 44

How does alcohol affect us?

Beer of Lager

Wine

Whisky

568 ml 5% ABV 2.84 units

125 ml 12% ABV 1.5 units

25 ml 40% ABV 1 units

Quantity of liquid in ml X %ABV X 0.001 = Units of alcohol contained

Drinking and driving The designated premises supervisor should establish a culture in licensed premises that is designed to persuade and assist people not to drink and drive. This can be achieved by a combination of awareness-creation activities as well as providing and encouraging practical alternatives to drinking and driving: • •

Anti-drink-driving material - such as beer mats, window stickers, and posters External signs and hoardings - in car parks, on the side of the pub - reminding potential customers that alcoholfree and low-alcohol products are available Internal merchandising - devoting some shelf space to creating a prominent display of alcohol-free and lowalcohol products, and ensuring staff know the difference between them Serving food - it slows down the rate at which alcohol is absorbed into the customer’s bloodstream Liaising with taxi and cab firms - displaying their phone numbers. In some cases, taxi firms may be prepared to install a direct line for cabs to be ordered Displaying bus timetable information and finding out whether local bus firms run late-night services Provision of a club or pub bus for customers Avoiding anti-drink-driving gimmicks, such as breath-testing machines and patented medicines that claim to hasten the sobering-up process

• • • • • •

Staying within legal limits There is no simple, straightforward way of calculating whether a person is within the legal limits for drinking and driving. The only way to be sure that the law is not being broken is not to drink and drive at all. The amount of alcohol in the bloodstream and the speed with which it gets there is dependent on a number of factors.

Among these factors are: Physical size A small person has less blood than a large person, and, therefore, the same amount and strength of alcohol will produce different concentrations of alcohol in each, i.e., a higher concentration in the smaller person than in the larger one.

Module 5 Alcohol 45

How does alcohol affect us?

Gender The same drinks will produce a higher concentration of alcohol in the blood of a woman than in a man.

Food consumed Food in the stomach slows down the rate at which alcohol enters the bloodstream.

The premises supervisor has to use common sense, experience and powers of observation to judge whether someone has become drunk. Behaviour may progress through being ‘merry’ and talkative to displaying slurred speech, loss of physical co-ordination, aggressiveness or a tendency to become over-sentimental, and finally, unconsciousness.

Elimination of alcohol from the body When a person stops drinking, BAC starts to fall. The liver removes most of the alcohol, as the blood circulates through it, although some is lost through the lungs or in the urine. Approximately one hour is needed to eliminate one unit of alcohol from the body, and there is no way this can be speeded up. Drinking black coffee may combat the drowsiness caused by alcohol, because of the caffeine in the coffee, but it will not speed up the drinker’s metabolic processes.

= 11 hours recovery

Key Points • • • • •

The strength of an alcoholic drink is measured by the amount of alcohol as a percentage of the total volume of the drink - this is known as ‘alcohol by volume’ or ABV Know the difference between low alcohol and alcohol-free drinks and advise customers Be able to advise customers with regard to the sensible drinking advice Understand how alcohol affects the brain and how this gives rise to the symptoms of drunkeness Dissuade customers from drinking and driving and provide alternatives if possible

Module 5 Alcohol 46

What does the law say about disorderly conduct and illegal drug use?

Module 6:

Disorderly conduct and drugs 6.1

What does the law say about disorderly conduct and illegal drug use?

Disorderly conduct Section 141 of the Act makes it an offence knowingly to allow disorderly conduct on licensed premises. The categories of person considered ‘authorised persons’ who might be liable for the offence include: • • • •

Any person who works at the premises in a capacity that gives him/her the authority to sell the alcohol A premises licence holder A designated premises supervisor An officer or member of a club who is present at the time of the sale and who has authority to prevent it A premises user - someone running an event under a temporary event notice

•

This section also covers supplies of alcohol by, on behalf of a club, or to the order of a member of a club.

Drunkenness It is an offence: • • • •

To sell alcohol to someone who is drunk, or to allow alcohol to be sold to such a person on licensed premises Knowingly to obtain or attempt to obtain alcohol for consumption on relevant premises for a person who is drunk For a drunken person to fail to leave licensed premises at the request of a police officer or authorised person For a person who is drunk and disorderly to enter or attempt to enter such premises when asked not to by such persons A police officer must help to expel drunk or disorderly individuals from licensed premises or help to prevent them from entering, as the case may be, if requested to do so by an authorised person, as defined above

•

Module 6 Disorderly conduct and drugs 47

What does the law say about disorderly conduct and illegal drug use?

Personal responsibilities Some licensed premises are more vulnerable than others to the possibility of violence and disorder. Premises that sell alcohol for consumption on the premises are more likely to suffer disorder than off-sales premises. It is however the case that some off-sales premises that are open late can suffer disorder when pubs and bars close and unruly individuals attempt to purchase alcohol from them.

Within the on-sales sector, city-centre pubs, estate pubs and male-dominated pubs are more likely to have trouble than country pubs, locals or those that attract a family trade.

It is part of the social responsibility of the personal licence holder to adopt policies aimed at preventing violence.

The success of these policies will depend to a large extent on the personal licence holder’s personality and social skills, and on the experience of life that is brought to dealing with customers in a variety of social situations. Problemsolving and conflict-resolving skills are very important here.

Anti-violence strategies:

Early intervention Most violent situations do not just happen without a reason. There is a sequence of events, a ladder of escalation, that culminates in an outbreak of violence. A personal licence holder should constantly monitor the customers, meeting and greeting, and notice what is going on and with whom. If a situation begins to develop in the wrong way, early intervention and a friendly word can often prevent a potentially violent situation developing.

Know the customers and know the area A personal licence holder should make a particular point of acknowledging new customers when they walk through the door. It is the friendly thing to do and it lets them know they have been noticed. It subtly begins to establish a climate of control. Personal relationships and the respect that regular customers have for the personal licence holder is the best way to exercise sensible control and also to have the help and co-operation of customers when it is needed.

De-personalise refusal-to-serve encounters A personal licence holder who refuses service should always try to depersonalise the refusal by making reference to professional and legal obligations, e.g., when dealing with a suspected underage customer, emphasise that it is not a personal matter, but that the premises licence could be at risk if service is provided to an underage drinker.

Detach troublemakers from groups Talk to troublemakers away from their friends. Conversely, if the behaviour of a group of people needs to be corrected, talk to them as a group and do not single out individuals in front of their friends. One-to-one communication is more likely to result in co-operation. Having to address an individual in front of friends may lead to a show of aggression.

Module 6 Disorderly conduct and drugs 48

Penalties for allowing drunk or disorderly conduct on licensed premises

Give ‘face-savers’ Focus on the circumstances rather than the personalities and always try to present an aggressive person with a way of backing down with dignity – without ‘losing face’.

Provide efficient service Throughout the session but particularly for ‘last orders’ - it helps to avoid customers becoming frustrated and aggressive. Regularly clear bottles and glasses from the bar and tables - this will reduce the number of weapons available.

Responsible drinking Discourage excessive drinking.

Encourage: • • • •

Moderate social drinking A balanced social mix Provide family facilities including food, soft drinks and tea and coffee in order to attract a balanced social mix Employ Security Industry Authority licensed door supervisors where appropriate

6.2

Penalties for allowing drunk or disorderly conduct on licensed premises

Anyone working in licensed premises, in a position to do so, must prevent drunk or disorderly conduct on the premises. Conviction for allowing drunk or disorderly conduct on licensed premises will result in a fine not exceeding Level 3 on the standard scale (£1,000).

6.3

Drugs

Illegal drugs The Misuse of Drugs Act 1971 was brought into force to regulate the use of ‘controlled drugs’. It divided such drugs into three categories:

Class A drugs So-called ‘hard drugs’. The Class A drugs most likely to be encountered on licensed premises are cocaine, ‘crack’ cocaine, methadone, heroin, LSD, MDA and MDMA (Ecstasy).

Class B drugs These drugs fall into the middle range in terms of seriousness. The ones most likely to be encountered on licensed premises include cannabis resin, herbal cannabis, amphetamine (Speed) and barbiturates.

Module 6 Disorderly conduct and drugs 49

New Psychoactive Substances (NPS)

Class C drugs Around 40 drugs are listed under this category, 35 of which are tranquillizers. The Class C drugs most likely to be encountered on licensed premises are steroids and benzodiazepines, such as mogadon, librium, diazepam and tamgesic.

Cannabis Resin

Cannabis Skunk

Cocaine

MDMA Ecstasy

If a person concerned in the management of premises knowingly permits or suffers the production or supply of a controlled drug on the premises they commit an offence for which they can be sentenced to prison. The maximum penalty for the above offences is 14 years’ imprisonment for Class A or B and 5 years’ imprisonment for Class C.

6.4

New Psychoactive Substances (NPS)

The Psychoactive Substances Act 2016 (PSA2016) came into force on the 26th May 2016. It made drugs formerly known as ‘legal highs’ illegal. This law was introduced because of a rise in new substances which mimic the effects of traditional controlled drugs such as cannabis and cocaine, amphetamine and MDMA (ecstasy).

The Misuse of Drugs Act 1971 will continue to be the main drug legislation in the UK. Unlike the Misuse of Drugs Act 1971 the PSA2016 does not list the substances that are affected, rather it made any psychoactive substance unlawful unless it is exempted from this provision. Exemptions include: • • •

Medicinal drugs Alcohol, nicotine and caffeine ‘Poppers’ or Alkyl Nitrates

The problem this legislation seeks to tackle is that whenever the government has sought to ban new psychoactive substances in the past, and has defined them by reference to their chemical composition, producers have made small changes to their chemical composition in order to get round the law.

Examples • • • •

Stimulants, e.g. mephedrone or naphyrone, act like amphetamines, cocaine, or ecstasy, in that they can make the user feel full of energy, physically active and talkative Downers or sedatives, e.g. GHB/GBL or methoxetamine, make the user feel euphoric, relaxed or sleepy Hallucinogens or psychedelics, e.g. NBOMe drugs, act like LSD, magic mushrooms, ketamine and methoxetamine. They create altered perceptions and induce feelings of euphoria, warmth and being detachment from the world around the user.

Synthetic cannabinoids, e.g. Spice or Black Mamba, act similarly to cannabis - relaxation, altered consciousness, disinhibition

Module 6 Disorderly conduct and drugs 50

New Psychoactive Substances (NPS)

Offences • • • •

Possession with intent to supply Supply/offer to supply Production Importation/exportation

How should you deal with NPS in licensed premises?

Although possession for personal use is not an offence, it is best practice to deal with the use of NPS in exactly the same way you would deal with drugs controlled under the Misuse of Drugs Act 1971. There have been a number of deaths associated with these drugs and operators should apply a zero-tolerance approach to their sale or use on licensed premises.

Key Points • • • • •

It is an offence knowingly to allow disorderly conduct on licensed premises There are a variety of strategies that can be employed to defuse aggression or violence Licence holders need to know their customers and their area Encourage responsible drinking Operate a zero-tolerance approach to drug use or drug dealing

Module 6 Disorderly conduct and drugs 51

What powers do the police have?

Module 7:

The Law 7.1

What powers do the police have?

Police powers and exemption from liability In exercising the powers of closure detailed below, the police are exempted from liability for damages arising out of commercial losses incurred because of the closure of premises. The exceptions to this exemption are where the police have acted in bad faith or where their actions are incompatible with the Human Rights Act 1998.

Order to close all premises in an area experiencing disorder Section 160 of the Act sets out the power to close all premises with a premises licence, or in respect of which a temporary event notice has effect, that are located in a particular geographical area for up to 24 hours. The power may be exercised by a Magistrates’ Court on application from a police officer of the rank of superintendent or above.

It may be used only where a court thinks such an order is necessary to prevent disorder. It is an offence to keep premises open if they are subject to a closure order.

Closure of specified premises The Anti-social Behaviour, Crime and Policing Act 2014 consolidates closure powers for all types of premises, including premises licensed to sell alcohol.

In exercising this power of closure of specified licensed premises, there are two stages:

Stage 1: Issuing a Closure Notice If a police officer of inspector’s rank or above, or a local authority are satisfied on reasonable grounds that use of a particular premises has: • • •

Resulted, or is likely to result in nuisance to members of the public, or That there has been, or is likely to be disorder near the premises which is associated with their use, and that closing the premises is necessary to prevent that nuisance “continuing, recurring or occurring” Then they may issue a Closure Notice which can exclude all persons from the premises at all times, for a specified period of time, up to a maximum of 48 hours Module 7 The Law 52

What powers do the police have?

Before issuing the notice the police or local authority must make reasonable efforts to inform people who live on the premises, or any person, including the owner, who has control of or responsibility for the premises, but there is no hearing; once the owner of the premises is notified the premises must close immediately.

The Closure Notice can be tailored to exclude specific individuals or groups or individuals, but not those who reside at the premises or who habitually reside there.

The Closure Notice has to identify the premises, explain the effect of the notice and the consequences of failing to comply with it. It must also state that an application will be made for a Closure Order, where and when that application will be heard and the effects of it.

Breach of a Closure Notice can result in a fine and/or up to three months’ imprisonment. The Closure Notice can be cancelled, but if it remains in force an application for a Closure Order must be made to the magistrates’ court within 48 hours of notification of the Closure Notice.

Stage 2: Issuing a Closure Order Whenever a Closure Notice is issued and not cancelled an application must be made to the Magistrates’ Court for a Closure Order.

A Closure Order is an order prohibiting access to the premises for a period of time not exceeding three months.

At any time before it expires an application for an extension to the Order can be made to the magistrates. As an alternative the court can extend the Closure Notice for a further period of up to 48 hours whilst the owners/occupiers put forward their case for why an Order should not be granted.

The court will grant the Closure Order if it is satisfied that: • • •

There is evidence of disorderly behaviour or criminal activity Serious nuisance and/or likely disorder near a premises, and Can restrict access completely, even to those that live there

The court must notify the licensing authority of any Closure Order granted. The Order can be extended up to a maximum of six months, on further application.

There are provisions for enforcement of Closure Orders and it is a criminal offence not to comply with such an Order.

Breach of an Order can result in up to 51 weeks imprisonment and/or a fine.

Right of appeal A closure Order can be discharged by application to a Magistrates’ Court, and any decision relating to an Order can be appealed to the Crown Court within 21 days of the decision appealed against.

The Crown Court may, on application and in specific circumstances, order reimbursement of costs involved in dealing with closure of the premises, or compensation for financial losses.

Module 7 The Law 53

What powers do the police have?

Review of premises licence following closure order Section 167 of the Act requires the licensing authority to review the premises licence in respect of any premises subject to a closure order confirmed by a Magistrates’ Court.

Community trigger for premises licence review The Anti-social Behaviour, Crime and Policing Act 2014 also contains a provision for local residents to force the police and licensing authority to review a premises licence under the Licensing Act 2003 even if there are a low number of complaints; the threshold of three complaints is required to trigger a review.

When the licensing authority reviews the premises licence it may take steps to further the licensing objectives. These may include the revocation of the licence, modification of the licence conditions, the exclusion of certain licensable activities or the removal of the designated premises supervisor.

For example, where the licensing authority determines that the lack of experience of the designated premises supervisor has contributed to the level of disorder that has given rise to the closure order, it may specify that the individual concerned should be removed from that position. Similarly, it may determine that imposing a condition on the licence to the effect that additional security staff should be employed would reduce disorder.

Power to close a premise under the Criminal Justice and Police Act 2001 Section 19 of the above Act gives power to “a constable” to issue a Closure Notice where the police or local authority are satisfied that a premise is being used, or has been used in the past 24 hours, for the unauthorised sale of alcohol. This might mean an unlicensed ‘drinking den’, but usually means that alcohol is being sold from licensed premises in breach of conditions on the premises licence.

The effect of this Closure Notice is that, if not complied with, the police or local authority can apply to Magistrates’ Court seven or more days later for a Closure Order.

When issuing the Closure Notice the constable must: • •

Specify the grounds on which it is alleged an unauthorised sale of alcohol is taking place Specify steps that may be taken to remedy the breach

N.B., A Closure Notice, itself, under this provision is not a requirement to close the premises immediately. Under section 20 of the Criminal Justice and Police Act 2001, an application to the Magistrates’ Court for a Closure Order may be made after seven days, but no later than six months have elapsed from the date the Closure Notice was issued.

It is also correct to point out that where a s19 notice is correctly issued and a person continues to sell alcohol after the notice has been issued without rectifying the breach of authorisation, that the individual concerned would have lost their opportunity to claim that they had taken all reasonable steps to prevent the unauthorised sale of alcohol.

It is unlikely that the person would be able to use the due diligence defence provided by s139 of the Licensing Act 2003, and it would follow that an offence under s136 of Licensing Act 2003 would be more likely to result in a conviction.

Module 7 The Law 54

Other powers

7.2

Other powers

The Anti-social Behaviour Act 2003 Part 7 of the Anti-social Behaviour Act 2003 gives the chief executive officer of the relevant local authority the power to make a closure order in relation to premises, if he/she reasonably believes that: • •

A public nuisance is being caused by noise coming from premises The closure of the premises is necessary to prevent that nuisance

This applies to premises which have a premises licence or which are operating under the authority of a temporary event notice. The Order can require premises to be kept closed for a period of up to 24 hours and begins when the manager of the premises receives written notice of the Order.

A person commits an offence if he/she permits premises to be open in contravention of a closure order and if found guilty of such an offence may be liable upon summary conviction to a term of imprisonment not exceeding three months or an unlimited fine, or both.

Environmental health officers powers of closure The chief executive officer of a local authority may authorise an environmental health officer (EHO) to exercise a power or duty of the chief executive officer in order to: • •

Investigate complaints of noise-nuisance at night Issue a closure order to prevent noise-nuisance from licensed premises

The EHO’s power to close a noisy premise can only apply when a written notice of the closure order is received by a person with authorisation to comply.

The Government is currently consulting over the introduction of a new ‘Community Protection Order’ to replace existing closure powers.

The Violent Crime Reduction Act 2006 This Act is designed to reduce alcohol-fuelled crime, disorder and violence. It includes: •

Drinking Banning Orders for those aged over 16 who cause alcohol-related disorder can be banned for up to two years from licensed premises in a certain area The creation of the offence of ‘persistent selling to children’ whereby a premises licence holder can be prosecuted for selling alcohol to underage customers twice in three months

•

7.3

Rights of entry

Who has a right of entry to licensed premises and when?

• • • • • •

Police officers Trading standards officers Environmental health officers Fire Service, building control and council licensing officers Customs and Excise officers Immigration officers

Module 7 The Law 55

Rights of entry

All of the above have rights of entry at all reasonable times for the purposes of carrying out their statutory duties.

A police officer or other authorised person has a right to enter premises at all reasonable times before an application for a premises licence is made, in order to report to the licensing authority in relation to the application which they are to consider. At all other times police officers can rely on the offence under the Police Act 1996, section 89, of obstructing a constable in the execution of his duty.

Specifically, police officers and other authorised persons have the following rights of entry and inspection: • • • • • •

A police officer or other authorised person (local authority officer, health and safety or fire officer) may, at any reasonable time, enter the premises to which any application or notice for a grant, variation or review of a premises licence has been made, in order to assess its effect on the licensing objectives A police officer or other authorised person may at any time enter any premises if they have reason to believe that they are used, or are about to be used for a licensable activity in order to check that the activity is licensed and/or being conducted in accordance with the premises licence A police officer may enter and search any premises at any time if he/she has reason to suspect that an offence under the LA2003 is being committed or is about to be committed Customs and Excise officers have a right of entry to remove goods liable to forfeiture, e.g. smuggled goods. If entry is demanded at night, the officers must be accompanied by a police officer A police officer or other authorised person may use reasonable force to effect entry in order to exercise the above powers Under the Immigration Act 2016 immigration officers have a right of entry and inspection in order to detect illegal workers. The provisions in respect of investigating illegal working and employing illegal workers came into force on the 20th July 2016

Key Points • • • • • •

Police can close all premises in an area for up to 24 hours upon application to Magistrates’ Court on grounds of actual or expected disorder Licence authority must review a premises licence following a closure order Anti-social Behaviour Act 2003 gives local authority the power to close premises because of noisenuisance Violent Crime Reduction Act 2006 creates various offences and powers to control and reduce alcoholrelated crime and disorder, and a new offence of ‘persistent selling to children’ Various officials have powers of entry to licensed premises and the DPS needs to be familiar with who and what these powers are The Anti-social Behaviour, Crime and Policing Act 2014 enables closure of identified premises and involves a two-stage process

Module 7 The Law 56

Standard Scale of Fines & Useful Publications

Appendix 1:

Standard Scale of Fines The Criminal Justice Act 1982, as amended by the 1991 Act, sets out the standard scale of maximum fines upon conviction of a summary offence.

Level 1 - £200 Level 2 - £500 Level 3 - £1,000 Level 4 - £2,500 Level 5 - A fine of any amount may be imposed

Appendix 2:

Useful Publications Publican’s Morning Advertiser

Propel Quarterly

William Reed Business Media Ltd, Trinity House, Sculpins Lane, Wethersfield, Braintree, Essex, CM7 4AY

Unit 26, Graylands Estate Langhurstwood Road Horsham West Sussex RH12 4QD

Tel: 0800 652 6512

Tel: 01444 810 306

Aspire Hospitality Bridge Court 110 Canning Street Birkenhead Wirral CH41 1EW Tel: 0151 647 1057

57

Useful Addresses

Appendix 3:

Useful Addresses British Beer and Pub Association

CPL Learning

Ground Floor Brewers’ Hall Aldermanbury Square London EC2V 7HR

Bridge Court 110 Canning Street Birkenhead Wirral CH41 1EW

Tel: 020 7627 9191

Tel: 0151 647 1057

The Portman Group

Citizen Card

4th Floor 20 Conduit Street London W1S 2XW

36 Bromells Road London SW4 0BG

Tel: 020 7290 1460

Tel: 0870 240 1221

Performing Rights Society

Phonographic Performance Limited

2 Pancras Square London N1C 4AG

1 Upper James Street London W1F 9DE

Tel: 0800 068 4828

Tel: 020 7534 1000

BIIAB

UK Hospitality

Infor House 1 Lakeside Road Farmborough GU14 6XP

6th Floor 10 Bloomsbury Way London WC1A 2SL

Tel: 01276 684 449

Tel: 020 7404 7744

58

Other Qualifications Available

Appendix 4:

Other Qualifications Available CPL delivers a wide range of training courses leading to nationally recognised qualifications.

Qualifications for Licensing • • • • •

Award for Personal Licence Holders (APLH) Award in Underage Sales Prevention (AUASP) Award for Designated Premises Supervisor (ADPS) Award in Drugs Awareness Award in Responsible Alcohol Retailing (ARAR)

Qualifications for First Aid • •

Emergency First Aid at Work (1 day course) First Aid At Work (3 day course)

Qualifications for Food Safety • • • •

Level 2 Award in Food Safety Hazard Analysis Critical Control Points (HACCP) Level 3 Award in Food Safety Level 4 Award in Food Safety

Qualifications for Health & Safety • • • • •

Level 2 Award in Health and Safety in the Workplace Fire Marshal Manual Handling Control of substances Hazardous to Health (COSHH) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)

Qualifications for Security • • • •

Level 2 Award for Working as a CCTV Operator within the Private Security Industry Level 2 Award for Working as a Door Supervisor within the Private Security Industry Level 2 Award for Working as a Security Officer within the Private Security Industry Level 2 Award for Upskilling a Door Supervisor within the Private Security Industry

To book or to find more information on any of the above courses please contact: 0151 647 1057 Alternatively email: contact.us@cpllearning.com or book online at: www.cpllearning.com

59

E-learning Courses

Appendix 5:

E-learning Courses In addition to face-to-face training, CPL also has a large selection of e-learning courses, ranging from compliance to soft skill subjects.

Food Safety

Bar Excellence

Health & Safety

Age Verification

Fire Awareness

Under Age Sales Prevention

Manual Handling

Disability Awareness

Cellar Management

Equality & Diversity

For more information on e-learning courses, please contact: 0151 647 1057 Alternatively email: contact.us@cpllearning.com or buy online at: www.cpllearning.com

60

Notes

61

Learning shaped to fit your needs.

Did you know‌ We also offer a wide range of digital and tutor led courses covering a wide range of topics. These range from compliance courses, to keep you safe and legal, to personal development subjects such as mental health and leadership skills. So, whatever your learning & development needs we have got the solution for you.

Allergen Awareness First Aid Food Safety Designated Premises Supervisor Cellar Management Mental Health And many more...

Get in touch to discuss your training needs.

0151 647 1057 contact.us@cpllearning.com

Unlock your potential

www.cpllearning.com contact.us@cpllearning.com Head Office: Bridge Court, 110 Canning Street, Birkenhead, Wirral, CH41 1EW. Tel: 0151 647 1057