APLH - Award for Personal Licence Holders Police Powers and Closure Questions and Answers — Questions and Answers
Question 1: A police superintendent is called to a nightclub where a large-scale fight has broken out, posing a serious threat to public safety. Under the Licensing Act 2003, what is the maximum initial period for which the officer can issue a closure order for the premises without going to court?
- 12 hours
- 48 hours
- 24 hours (Correct answer)
- 7 days
Correct answer: 24 hours
Section 161 of the Licensing Act 2003 grants a senior police officer (of inspector rank or above) the power to issue an initial closure order for a period not exceeding 24 hours if they reasonably believe it is necessary in the interests of public safety due to disorder.
Question 2: Under what circumstances does a police constable have the power to enter a licensed premises under Section 179 of the Licensing Act 2003?
- Only when they have a search warrant issued by a magistrate.
- When they have reason to believe that a licensable activity is being, or is about to be, carried on. (Correct answer)
- At any time, for any reason, due to the licensed status of the premises.
- Only between the hours of 9:00 am and 5:00 pm on a weekday.
Correct answer: When they have reason to believe that a licensable activity is being, or is about to be, carried on.
Section 179 of the Licensing Act 2003 provides a constable with the power to enter a premises if they have reason to believe a licensable activity is being carried on, with a view to seeing whether it is being conducted in accordance with an authorisation. This power is essential for routine enforcement and does not require a warrant.
Question 3: A person who is drunk and disorderly is asked to leave a pub by the personal licence holder on duty. The person refuses to go. Which of the following statements is correct?
- The person is committing a civil offence, and the police cannot arrest them.
- The police can only intervene if the person has physically assaulted a member of staff.
- The personal licence holder must obtain a court order to have the person removed.
- The person is committing a criminal offence, and a police constable can be called to assist in expelling them. (Correct answer)
Correct answer: The person is committing a criminal offence, and a police constable can be called to assist in expelling them.
Under Section 143 of the Licensing Act 2003, it is an offence for a person who is drunk or disorderly to fail to leave a licensed premises when asked to do so by an authorised person. The Act also states that a constable must assist in expelling the person from the premises if requested.
Question 4: Which of the following provides a valid reason for a senior police officer to issue a closure order for a licensed premises under the Licensing Act 2003?
- The premises has breached a condition of its licence related to playing recorded music.
- There is imminent or existing serious disorder on, or in the vicinity of, the premises. (Correct answer)
- The Designated Premises Supervisor has failed to renew their personal licence on time.
- The premises is consistently selling alcohol at a price significantly lower than its competitors.
Correct answer: There is imminent or existing serious disorder on, or in the vicinity of, the premises.
The power for a senior police officer to issue a closure order under Section 161 is an emergency measure specifically intended to deal with issues of public safety arising from serious disorder or the likelihood of serious disorder. Other issues, such as breaches of conditions, are typically addressed through a review of the premises licence.
Question 5: Following a 24-hour closure order issued by a senior police officer due to serious disorder, the police apply to the magistrates' court. Which of the following actions is the court empowered to take at the subsequent hearing?
- Order the premises to remain closed for a period while the licensing authority conducts a review. (Correct answer)
- Revoke the premises licence immediately without a further hearing.
- Issue a fine directly to the Designated Premises Supervisor (DPS).
- Order the transfer of the licence to a new holder chosen by the police.
Correct answer: Order the premises to remain closed for a period while the licensing authority conducts a review.
After the police issue an initial closure order, they must apply to the magistrates' court. The court can then determine if the premises should remain closed. A key power is to order the premises to stay closed until the licensing authority has held a formal review of the premises licence. Revocation is a power of the Licensing Authority following that review, not the magistrates' court at this stage.
Question 6: In addition to their direct enforcement powers, such as issuing closure orders, what is a primary role of the police in relation to the Licensing Act 2003?
- To set the annual fees for premises licences within their jurisdiction.
- To conduct the mandatory training and issue the APLH qualification to new applicants.
- To act as a "Responsible Authority," allowing them to make representations on licence applications and call for reviews. (Correct answer)
- To grant Temporary Event Notices (TENs) for events with fewer than 100 attendees.
Correct answer: To act as a "Responsible Authority," allowing them to make representations on licence applications and call for reviews.
The police are a statutory "Responsible Authority" under the Licensing Act 2003. This formal status allows them to formally comment on new applications and variations, and to trigger a review of an existing licence if they have concerns that the premises is undermining one of the licensing objectives, particularly the prevention of crime and disorder.
APLH - Award for Personal Licence Holders Police Powers and Closure Questions and Answers
A police superintendent is called to a nightclub where a large-scale fight has broken out, posing a serious threat to public safety.
Under the Licensing Act 2003, what is the maximum initial period for which the officer can issue a closure order for the premises without going to court?