Licensing - Personal Licence
A new personal licence will authorise individuals to sell or supply alcohol, or authorise the sale or supply of alcohol, for consumption on or off premises for which a premises licence is in force for the carrying on of that activity. The personal licence will be valid for 10 years and is transferable between regions and premises. Only the Police can object to the issue of a personal licence.
Any individual 18 years and over may apply for a personal licence whether they are currently employed or not or has business interests associated with the use of the licence.
New applicants will be expected to present a criminal record check to the Licensing Authority in support of their application. The Local Authorities are required to notify the police of any relevant unspent convictions associated with an application.
If the police object to the applicant due to the unspent conviction the applicant is entitled to a hearing. If the police do not object the licence must be issued.
The Secretary of State recommends that, where the police have raised an objection the normal course should be to refuse the grant of a licence, unless there are compelling reasons to grant.
Local Authorities must record in full the reasons for their decision. The Applicant can appeal a decision of the Committee and the police can also appeal a decision of the Committee.
Once granted the Authority issuing the personal licence remains the relevant licensing authority.
Not every person (i.e. bar staff) retailing alcohol at licensed premises needs to hold a personal licence, but every sale must be authorised by a licence holder. That person will normally have day-to-day responsibility to run that premises.
A copy of the premises licence must be held at the premises and a summary displayed. The premises licence will display the name of the designated premises supervisor. Only one designated premises supervisor may be specified in a single premises licence.
At the hearing where the police have objected, both parties can put their arguments for consideration. The Local Authority must confine their consideration to the question of crime and disorder. Comprehensive reasons must be given for their decision.
The court is under a duty to notify the relevant Local Authority of any conviction or decision regarding a personal licence holder. The Local Authority must act on this information and amend their records accordingly, requesting the return of the licence. The holder must return the licence within 14 days. The conviction should be endorsed on the licence as should any period of suspension and returned to the holder. If forfeit the licence should be retained by the Local Authority.
Click here to view application forms
Click here to view guidance notes
For more information, you can visit the website for the Department for Culture, Media and Sport website.
For further information please contact the Licensing Team by phoning 01395 517411 or by email at licensing@eastdevon.gov.uk
Please note ALL licensing application at the Council Offices will be dealt with by pre-booked appointment only.
