APLH - Award for Personal Licence Holders Licensing Authorities' Powers Questions and Answers — Questions and Answers
Question 1: Under the Licensing Act 2003, which of the following is the primary duty of a Licensing Authority when carrying out its functions?
- To generate revenue for the local council.
- To promote the four statutory licensing objectives. (Correct answer)
- To follow the direct instructions of the local police force.
- To limit the number of licensed premises in the area.
Correct answer: To promote the four statutory licensing objectives.
The Licensing Act 2003 explicitly states that a Licensing Authority must carry out its functions with a view to promoting the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. All decisions must be based on these objectives.
Question 2: A personal licence holder is convicted of a relevant offence but fails to inform the court that they hold a personal licence. The Licensing Authority later becomes aware of this conviction. What power does the Licensing Authority have in this situation?
- It can immediately revoke the licence without a hearing.
- It must wait for the police to request a review before taking action.
- It can issue a fine directly to the personal licence holder.
- It may suspend the licence for up to six months or revoke it. (Correct answer)
Correct answer: It may suspend the licence for up to six months or revoke it.
Following the Policing and Crime Act 2017, which amended the Licensing Act 2003, Licensing Authorities have the discretionary power to suspend (for up to 6 months) or revoke a personal licence if they become aware that the holder has been convicted of a relevant offence. They are no longer solely reliant on the courts to take this action.
Question 3: A Licensing Authority receives an application for a new personal licence. The applicant meets all the criteria, including holding the APLH qualification and having no relevant convictions. However, the authority believes there are already too many licence holders in the area. On what grounds can they refuse the application?
- On the grounds of 'cumulative impact'.
- On the advice of local businesses who feel there is too much competition.
- On the grounds that there are sufficient licence holders already.
- They cannot refuse the application if no objection is made by the police. (Correct answer)
Correct answer: They cannot refuse the application if no objection is made by the police.
For a personal licence application, if the applicant meets the statutory criteria (age, qualification, no unspent relevant convictions, right to work), the Licensing Authority MUST grant the licence unless the Chief Officer of Police objects within 14 days on the grounds that granting it would undermine the crime prevention objective. 'Cumulative impact' applies to premises licences, not personal licences.
Question 4: Which of the following is NOT a power of the Licensing Authority when determining an application for a premises licence after relevant representations have been made?
- To grant the licence subject to conditions consistent with the operating schedule.
- To exclude a licensable activity from the scope of the licence.
- To refuse to specify a person as the Designated Premises Supervisor (DPS).
- To set the prices at which alcohol must be sold to prevent binge drinking. (Correct answer)
Correct answer: To set the prices at which alcohol must be sold to prevent binge drinking.
A Licensing Authority has several powers when determining a premises licence application, including modifying conditions, excluding activities, and refusing the specified DPS. However, it has no power to set or control the pricing of alcohol or other products sold at the premises; this falls outside the scope of the Licensing Act 2003.
Question 5: A personal licence holder moves to a new address. What is their duty regarding the Licensing Authority?
- They must apply for a new personal licence from the authority in their new area.
- They must notify the Licensing Authority that originally granted the licence of their new address. (Correct answer)
- They must notify both the original and the new Licensing Authority.
- No notification is required as the licence is portable and valid throughout England and Wales.
Correct answer: They must notify the Licensing Authority that originally granted the licence of their new address.
A personal licence is portable and valid throughout England and Wales, but the holder has a legal duty to notify the original issuing Licensing Authority of any change in their name or address. Failure to do so is an offence.
Question 6: A Licensing Authority is reviewing a premises licence following representations from the police concerning serious crime. After a hearing, the authority decides that action is necessary to promote the licensing objectives. Which of the following actions is beyond their power?
- Modifying the conditions of the licence.
- Revoking the licence.
- Suspending the licence for a period not exceeding three months.
- Ordering the personal licence holder to pay compensation to victims of the crime. (Correct answer)
Correct answer: Ordering the personal licence holder to pay compensation to victims of the crime.
During a review, a Licensing Authority has a range of powers, including modifying conditions, excluding licensable activities, removing the DPS, suspending the licence for up to three months, or revoking it entirely. However, they do not have the power to order criminal compensation; this is a function of the courts.
APLH - Award for Personal Licence Holders Licensing Authorities' Powers Questions and Answers
Under the Licensing Act 2003, which of the following is the primary duty of a Licensing Authority when carrying out its functions?