All sales of alcohol must be made by, or under the authority of, a Personal Licence Holder. Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sale. This does not apply to alcohol sold under a Temporary Event Notice or a Club Premises Certificate
To get a Personal Licence you must:
- be over 18
- possess an approved licensing qualification
- pay the required fee
- Not have forfeited a personal licence within the last 5 years
- Not have been convicted of a relevant or foreign offence
A person who holds a Personal Licence is needed to supervise the sale of alcohol in any premises. You can apply for a Personal Licence to the Council for the area in which you live. This will then remain with the Council responsible for continuing to licence you, even if you move away from the area.
There are various duties on holders of a Personal Licence, and a Court can forfeit their licence if they are convicted of any relevant offences (relevant offences as listed in the Licensing Act).
Applications for a Personal Licence must be made to the Council in whose district the applicant lives.
More than one Personal Licence Holder can work at the same premises.
Applicants may also choose to become a Personal Licence Holder if they wish to apply for more than five Temporary Event Notice’s in a year (but otherwise would not require one).
How Do I Apply?
You need to complete the application form and return this to the Licensing Department with the relevant documentation as follows:
- Two photographs
- Evidence of your Licensing Qualification
- The correct fee
- Disclosure and Barring Service Certificate (Criminal Record Check)
- A completed Disclosure of Convictions Form, which includes details of any relevant or foreign offence
The Licensing Qualification
Applicants must hold a Licensing Qualification that has been accredited by the Secretary of State. Holding the qualification ensures that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol
A full list of accredited qualifications can be found here:
Criminal Record Check
You must enclose with your application a 'basic' Criminal Record Check. This must be no more than 28 days old at the time of submission of your application. This can be obtained online at disclosure Scotland.
You must enclose 2 photographs with your licence which satisfy the following criteria:
- Taken against a light background so that the applicant's features are distinguishable and contrast against the background
- 45 millimetres by 35 millimetres
- Full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering
- On photographic paper
- Endorsed by either
- A solicitor
- A notary
- A person of standing in the community, such as a bank or building society official
- A police officer
- A civil servant
- A minister of religion
- An individual with a professional qualification
Who Can Make Representations Against The Application?
If there are relevant offences, the Police can make a representation against the application on crime prevention grounds. If the police make a representation then there will be a hearing of the representation
What Happens If I Change My Address?
You must inform the Licensing Department of any change to your name or address. If you fail to do this (without reasonable excuse) you commit a criminal offence and may be liable to prosecution.
To change your address the original Personal Licence must be returned to the Licensing Department along with the fee and the application form. An amended Licence will then be sent to you in the post.
My Personal Licence Has Been Lost or Stolen
You need to inform the Licensing Department as a matter of urgency. There is a fee for issuing a replacement licence.
Who can Object To My Application?
The Police can object to your application if you have been convicted of a relevant or foreign offence and they believe that by granting you a Personal Licence it would undermine the Crime and Disorder licensing objective. If the Police raise such objections you will be invited to attend a hearing at which the application will be considered by the Council’s Licensing Act Panel. During the hearing you will have the opportunity to make representations in support of your application.
The offences that are listed in Schedule Four to The Licensing Act 2003 are all relevant offences. A 'foreign offence' is an offence (other than a relevant offence) under the law of any place outside England and Wales.