APLH Premises Licences 2 — Questions and Answers
Question 1: What must be displayed prominently at all times on premises that hold a premises licence?
- The full premises licence document in a frame
- A summary of the premises licence in the prescribed form (Correct answer)
- The personal licence of the Designated Premises Supervisor
- The licensing authority's enforcement telephone number
Correct answer: A summary of the premises licence in the prescribed form
The premises licence holder must ensure that a summary of the premises licence, in the prescribed form, is displayed prominently at the premises at all times when licensable activities are taking place.
Question 2: What are 'embedded conditions' in the context of a premises licence?
- Mandatory conditions set by the Secretary of State that apply to all licences
- Conditions carried over automatically from previous legislation when the Licensing Act 2003 came into force (Correct answer)
- Conditions specifically requested by responsible authorities during the application
- Conditions relating to the physical structure of the premises
Correct answer: Conditions carried over automatically from previous legislation when the Licensing Act 2003 came into force
Embedded conditions are those that were automatically carried over from previous licensing legislation and built into premises licences when the Licensing Act 2003 replaced the old system in November 2005.
Question 3: Who is entitled to apply for a review of a premises licence?
- Only the police or trading standards
- Only responsible authorities designated under the Act
- Any responsible authority or any other person (Correct answer)
- Only the premises licence holder or DPS
Correct answer: Any responsible authority or any other person
A review can be applied for by any responsible authority (such as the police or environmental health) or by any other person, meaning local residents, businesses, or community groups may also apply.
Question 4: For how long must a review application be advertised before a hearing can take place?
- 7 days
- 14 days
- 21 days
- 28 days (Correct answer)
Correct answer: 28 days
A review application must be advertised for 28 days to allow further representations to be submitted before the licensing authority holds a hearing.
Question 5: Following a review of a premises licence, which of the following actions is NOT available to the licensing authority?
- Modifying the conditions of the premises licence
- Excluding a licensable activity from the licence
- Imposing an unlimited financial penalty on the licence holder (Correct answer)
- Revoking the premises licence
Correct answer: Imposing an unlimited financial penalty on the licence holder
A licensing authority can modify conditions, exclude activities, remove or add a DPS, suspend or revoke the licence, but it has no power to impose direct financial penalties on a licence holder.
Question 6: What happens to a premises licence if the licence holder dies?
- The licence immediately lapses and cannot be continued
- The licence automatically transfers to the Designated Premises Supervisor
- An interim authority notice can allow the licence to continue temporarily (Correct answer)
- The premises must close until a new licence is granted
Correct answer: An interim authority notice can allow the licence to continue temporarily
If a licence holder dies, becomes mentally incapacitated, or becomes insolvent, an interim authority notice can be served to allow the licence to continue for up to 28 days while longer-term arrangements are made.
Question 7: What is the purpose of an 'interim authority notice' under the Licensing Act 2003?
- To temporarily suspend a premises licence during refurbishment works
- To allow a premises licence to continue after the holder dies, loses mental capacity, or becomes insolvent (Correct answer)
- To extend licensing hours for a nationally significant event
- To transfer a premises licence permanently to a new owner
Correct answer: To allow a premises licence to continue after the holder dies, loses mental capacity, or becomes insolvent
An interim authority notice enables a third party such as an administrator or personal representative to continue operating under the premises licence for up to 28 days when the holder has died, lost mental capacity, or become insolvent.
APLH Premises Licences 2
What must be displayed prominently at all times on premises that hold a premises licence?