APLH Personal Licence Conditions 2 — Questions and Answers
Question 1: Can a personal licence be transferred between holders when a business is sold?
- Yes, it automatically transfers to the new owner
- No — a personal licence is non-transferable and belongs to the individual; the new owner must obtain their own personal licence (Correct answer)
- Yes, but only with the approval of the licensing authority
- Yes, for 28 days while the new owner applies for their own
Correct answer: No — a personal licence is non-transferable and belongs to the individual; the new owner must obtain their own personal licence
A personal licence is personal to the individual holder — it cannot be transferred, assigned, or inherited; anyone who wishes to authorise alcohol sales needs their own personal licence.
Question 2: What must a personal licence holder do if they change their name or address?
- Nothing — the licence remains valid without updating
- Notify the licensing authority that issued the licence and surrender the existing licence for a new one to be issued with the updated details (Correct answer)
- Submit a new application as if applying for the first time
- Notify only their employer of the change
Correct answer: Notify the licensing authority that issued the licence and surrender the existing licence for a new one to be issued with the updated details
A personal licence holder must notify the issuing licensing authority of any change of name or address — the authority updates the record and may issue a replacement licence.
Question 3: Who can carry out a sale of alcohol by retail under the Licensing Act 2003?
- Only the personal licence holder on the premises at the time
- Any individual, but each individual sale must be authorised by a personal licence holder who may authorise others to make sales on their behalf under their personal licence (Correct answer)
- Only staff who have completed a licensed trade qualification
- Only the Designated Premises Supervisor
Correct answer: Any individual, but each individual sale must be authorised by a personal licence holder who may authorise others to make sales on their behalf under their personal licence
Under s.153 Licensing Act 2003, a personal licence holder can authorise other individuals (even without a personal licence) to make sales of alcohol on their behalf, provided the personal licence holder gives that authority.
Question 4: What is the obligation on a personal licence holder when they take up a position as DPS at new premises?
- Apply for a new personal licence for the new premises
- The premises licence must be varied to name them as the new DPS — this requires a consent form from the personal licence holder and an application to the licensing authority (Correct answer)
- Simply inform the licensing authority by letter
- No action is required — the DPS role transfers automatically on taking up the position
Correct answer: The premises licence must be varied to name them as the new DPS — this requires a consent form from the personal licence holder and an application to the licensing authority
Changing the DPS requires a variation application to the licensing authority, supported by the consent of the incoming DPS (personal licence holder) — it takes effect on the licensing authority's records.
Question 5: In what circumstance can a personal licence be refused even where the applicant has no relevant convictions?
- If the applicant has too many points on their driving licence
- If the police object on crime prevention grounds and the licensing authority accepts that objection after a hearing (Correct answer)
- The licensing authority cannot refuse a clean-record application under any circumstances
- If the applicant has previously worked at a premises whose licence was revoked
Correct answer: If the police object on crime prevention grounds and the licensing authority accepts that objection after a hearing
The police can give an objection notice within 14 days of receiving notification of an application, citing crime prevention reasons — the licensing authority must hold a hearing and may refuse the application on those grounds.
Question 6: What does it mean for a personal licence to be 'suspended' rather than 'forfeited'?
- Suspension and forfeiture are the same thing — both permanently end the licence
- Suspension temporarily prevents the licence from being exercised for a defined period; forfeiture permanently removes it (Correct answer)
- Suspension requires a court order; forfeiture is an administrative action by the licensing authority
- Forfeiture means the holder must retake the qualification; suspension does not
Correct answer: Suspension temporarily prevents the licence from being exercised for a defined period; forfeiture permanently removes it
Suspension is a temporary measure — the licence cannot be used during the suspension period but is reinstated afterwards; forfeiture permanently cancels the licence and the holder must reapply from scratch.
APLH Personal Licence Conditions 2
Can a personal licence be transferred between holders when a business is sold?