APLH Licensing Act 2003 2 — Questions and Answers
Question 1: Under the Licensing Act 2003, who are the 'responsible authorities' that can make representations about licence applications?
- Any member of the public
- Bodies including the police, fire authority, environmental health, trading standards, and planning authority, who have a formal role in promoting the licensing objectives (Correct answer)
- Only the police and fire service
- Any local charity or community group
Correct answer: Bodies including the police, fire authority, environmental health, trading standards, and planning authority, who have a formal role in promoting the licensing objectives
Responsible authorities include police, fire authority, environmental health, public health, trading standards, child protection authority, planning authority, and the licensing authority itself — all can make representations.
Question 2: How many days' notice is required before a Temporary Event Notice may take effect?
- 3 working days
- 10 working days (Correct answer)
- 24 hours
- 28 days
Correct answer: 10 working days
A standard TEN must be submitted to the licensing authority and copied to the police and environmental health at least 10 working days before the event — a late TEN can be submitted with as little as 5 working days' notice.
Question 3: Which section of the Licensing Act 2003 makes it an offence to sell alcohol without authorisation?
- Section 19
- Section 136 (Correct answer)
- Section 141
- Section 182
Correct answer: Section 136
Section 136 Licensing Act 2003 makes it a criminal offence to carry on or attempt to carry on a licensable activity without a relevant authorisation, subject to unlimited fine and/or 6 months' imprisonment.
Question 4: What is a 'review' of a premises licence under the Licensing Act 2003?
- The licensing authority's annual check of all licences in its area
- A formal process by which a responsible authority or interested party can apply to have a premises licence reconsidered by the licensing authority, potentially resulting in modification or revocation (Correct answer)
- An automatic review triggered after 5 years of operation
- A police-only power to inspect licensed premises
Correct answer: A formal process by which a responsible authority or interested party can apply to have a premises licence reconsidered by the licensing authority, potentially resulting in modification or revocation
A review allows a responsible authority or interested party to trigger a hearing before the licensing authority where they believe the licensing objectives are being undermined — the authority can modify, suspend, or revoke the licence.
Question 5: Under the Licensing Act 2003, what is the maximum number of personal licences that the Designated Premises Supervisor (DPS) of a premises may hold simultaneously?
- 1 (they can only be DPS of one premises at a time)
- There is no legal limit — the same person can be DPS for multiple premises (Correct answer)
- 5
- 2 if the premises are in different licensing authority areas
Correct answer: There is no legal limit — the same person can be DPS for multiple premises
There is no statutory limit on the number of premises for which a person can be the DPS — one personal licence holder can be DPS of multiple licensed premises simultaneously.
Question 6: What is an 'early morning restriction order' under the Licensing Act 2003?
- A personal curfew imposed on a licensee
- An order made by a licensing authority to restrict the supply of alcohol within a specified area between midnight and 6am, to address cumulative problems of disorder and disturbance (Correct answer)
- A condition on a premises licence restricting deliveries
- A court order prohibiting certain individuals from entering licensed premises
Correct answer: An order made by a licensing authority to restrict the supply of alcohol within a specified area between midnight and 6am, to address cumulative problems of disorder and disturbance
Introduced by the Police Reform and Social Responsibility Act 2011, early morning restriction orders allow licensing authorities to restrict alcohol sales across an area during a specified window when disorder is a persistent problem.
APLH Licensing Act 2003 2
Under the Licensing Act 2003, who are the 'responsible authorities' that can make representations about licence applications?