BIIAB Level 2 Award for Personal Licence Holders (APLH) — Questions and Answers

Question 1: What happens if a licensing authority grants a premises licence with no representations from responsible authorities or interested parties?

The licensing authority may refuse the application without explanation
The licence must still be considered at a full hearing
The licence is granted subject to a 3-month probationary period
The licensing authority must grant the licence in the terms set out in the operating schedule, and may only add conditions that are consistent with the operating schedule (Correct answer)

Correct answer: The licensing authority must grant the licence in the terms set out in the operating schedule, and may only add conditions that are consistent with the operating schedule

If there are no representations, the authority must grant the licence and may only attach conditions that are consistent with the operating schedule — it cannot impose additional conditions unilaterally when there are no objections.

Question 2: What is the Licensing Act 2003's approach to premises used for regulated entertainment that was previously exempt (e.g., small live music venues)?

All entertainment venues require a premises licence regardless of size
The Live Music Act 2012 and Deregulation Act 2015 deregulated live and recorded music in licensed premises between certain hours, removing the need for additional entertainment authorisation in many cases (Correct answer)
Only venues with more than 500 seats require entertainment authorisation
Live entertainment is now entirely unregulated

Correct answer: The Live Music Act 2012 and Deregulation Act 2015 deregulated live and recorded music in licensed premises between certain hours, removing the need for additional entertainment authorisation in many cases

Amendments through the Live Music Act 2012 and Deregulation Act 2015 mean that live and recorded music in premises licensed for alcohol is no longer separately regulated as entertainment between 8am and 11pm for audiences up to 500.

Question 3: What is 'cumulative impact' in licensing policy?

The environmental impact of waste produced by licensed venues
The cumulative effect of a high concentration of licensed premises in an area creating serious problems of crime, disorder, or nuisance beyond what individual premises assessments would reveal (Correct answer)
The combined impact of all alcohol units consumed per week by a regular customer
The financial impact of multiple licence applications on the licensing authority's resources

Correct answer: The cumulative effect of a high concentration of licensed premises in an area creating serious problems of crime, disorder, or nuisance beyond what individual premises assessments would reveal

Cumulative impact policies recognise that even well-run individual premises can, in combination, create problems — a Special Policy (formerly Cumulative Impact Policy) allows the authority to apply a rebuttable presumption against new licences in a hotspot area.

Question 4: What is the significance of 'last orders' in the context of managing disorder in a pub or bar?

It is required as a licence condition for all premises serving after 11pm
It has no significance — premises can simply stop selling alcohol without announcement
It is a management tool that signals the end of alcohol service, helping staff manage consumption rates and prepare for an orderly dispersal of customers (Correct answer)
It is a legal requirement set by the Licensing Act 2003 for all premises

Correct answer: It is a management tool that signals the end of alcohol service, helping staff manage consumption rates and prepare for an orderly dispersal of customers

Last orders is a courtesy and management practice — announcing it in advance allows customers to purchase their final drinks in an orderly manner and helps staff manage the transition to closing, reducing the risk of disorder.

Question 5: Under the Licensing Act 2003, what is the offence of 'keeping a disorderly house'?

An offence applicable only to nightclubs and adult entertainment venues
A modern offence created by the 2003 Act for premises with repeated disorder
An offence under the Public Order Act 1986 only
A common law offence predating the 2003 Act that remains in force, covering premises that habitually allow disorder, fighting, or immoral activity (Correct answer)

Correct answer: A common law offence predating the 2003 Act that remains in force, covering premises that habitually allow disorder, fighting, or immoral activity

The common law offence of keeping a disorderly house was not abolished by the 2003 Act and continues to apply alongside it — it covers premises where disorder is habitually permitted or encouraged.

Question 6: A community centre plans to host a series of events under Temporary Event Notices (TENs). What is the maximum number of TENs and the maximum aggregate number of days that the same premises can be used for licensable activities under TENs in a single calendar year?

20 TENs, for a total of 30 days.
12 TENs, for a total of 18 days.
10 TENs, for a total of 28 days.
15 TENs, for a total of 21 days. (Correct answer)

Correct answer: 15 TENs, for a total of 21 days.

The Licensing Act 2003 specifies that a single premises is limited to a maximum of 15 Temporary Event Notices in a calendar year. Furthermore, the total number of days that the premises can be used for licensable activities under these TENs cannot exceed 21 days in that same year.

Question 7: How long does a premises licence last under the Licensing Act 2003?

Indefinitely, until surrendered, suspended, or revoked (Correct answer)
1 year, renewable annually
5 years, subject to satisfactory review
3 years, renewable on application

Correct answer: Indefinitely, until surrendered, suspended, or revoked

A premises licence under the 2003 Act has no expiry date — it continues indefinitely unless it is surrendered by the holder, suspended for non-payment of annual fee, or revoked following a review.

Question 8: Under the Licensing Act 2003, in what circumstances can a senior police officer give a 'closure notice' to licensed premises?

After three public complaints about a premises in one month
Only when a review application has been submitted
Where there is reasonable belief that disorder has occurred or is occurring, or is likely to occur, at or near the premises (Correct answer)
Only when trading standards have confirmed illegal activity

Correct answer: Where there is reasonable belief that disorder has occurred or is occurring, or is likely to occur, at or near the premises

A police officer of inspector rank or above can issue a closure notice where disorder has occurred or is imminent, requiring the premises to close for up to 24 hours (extensible by a magistrates' court).

Question 9: What is the 'designated public place' regime and how does it affect licensed premises?

It requires all licensed premises to provide outdoor seating areas
It allows local authorities to designate public places where police can confiscate and require people to stop drinking alcohol in public, targeting street drinking near licensed premises (Correct answer)
It gives local authorities power to revoke licences in disorder hotspots
It designates premises for priority policing resources

Correct answer: It allows local authorities to designate public places where police can confiscate and require people to stop drinking alcohol in public, targeting street drinking near licensed premises

Designated public place orders (DPPOs, now Public Spaces Protection Orders) allow police to confiscate open containers and direct people not to drink in specified public areas, helping to manage disorder near licensed premises.

Question 10: Which of the following is NOT one of the four statutory licensing objectives under the Licensing Act 2003?

Public safety
The promotion of public health (Correct answer)
The prevention of crime and disorder
The protection of children from harm

Correct answer: The promotion of public health

The Licensing Act 2003 for England and Wales establishes four key licensing objectives. These are: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. While promoting public health is an important societal goal, and is an objective in Scotland, it is not one of the four statutory objectives in England and Wales.

Question 11: A police constable has reasonable cause to believe a serious offence under the Licensing Act 2003 is being committed inside a locked licensed premises after hours. They are refused entry. What level of force can the constable use to gain entry?

Any level of force, including breaking down the door, without restriction.
No force is permitted; they must wait for the DPS to arrive with a key.
Force can only be used if they have obtained a specific warrant authorising it.
Such reasonable force as may be required. (Correct answer)

Correct answer: Such reasonable force as may be required.

Section 179(3) and Section 180(2) of the Licensing Act 2003 explicitly state that a constable exercising their power of entry may, if necessary, use reasonable force. This power does not require a warrant in this context, but the force used must be proportionate and necessary for the purpose of gaining entry.

Question 12: Under the Anti-social Behaviour, Crime and Policing Act 2014, what replaced Alcohol Disorder Zones?

Alcohol Exclusion Zones
Alcohol-Free Community Zones
Designated Drinking Areas
Public Spaces Protection Orders (PSPOs) and Community Protection Notices, which have broader powers to manage alcohol-related disorder in public spaces (Correct answer)

Correct answer: Public Spaces Protection Orders (PSPOs) and Community Protection Notices, which have broader powers to manage alcohol-related disorder in public spaces

The 2014 Act replaced a range of older public space powers with PSPOs and Community Protection Notices — PSPOs can restrict alcohol consumption in defined areas, replacing the DPPO and ADZ regimes.

Question 13: Ensuring that fire exits are clearly marked and kept free from obstruction is a key responsibility of a personal licence holder under which licensing objective?

The prevention of crime and disorder
The protection of children from harm
The prevention of public nuisance
Public safety (Correct answer)

Correct answer: Public safety

The public safety objective relates to protecting staff and customers from harm while on the premises. This includes fire safety compliance, maintaining safe capacity limits, and ensuring emergency exits are accessible, all of which are crucial for preventing accidents and injuries.

Question 14: Why is a staff member's personal belief that a customer 'looks over 18' not a sufficient defence against prosecution for selling to an under-18 person?

It is always a sufficient defence
The due diligence defence requires active steps (asking for and checking ID) — merely believing the customer looks old enough without requesting ID does not constitute 'all reasonable precautions' (Correct answer)
Personal belief is a valid defence but only if corroborated by CCTV evidence
Personal belief is only insufficient if the customer appeared to be under 16

Correct answer: The due diligence defence requires active steps (asking for and checking ID) — merely believing the customer looks old enough without requesting ID does not constitute 'all reasonable precautions'

Due diligence requires taking active steps to verify age — a subjective belief, however genuine, is not 'all reasonable precautions' unless the staff member actually requested and checked compliant ID.

Question 15: Under the Licensing Act 2003, what is an 'Alcohol Disorder Zone' (ADZ)?

A zone in which alcohol consumption is prohibited in public
A post-code area with above-average alcohol-related hospital admissions
An area designated by a local authority where premises are required to pay a levy to fund additional policing and street cleaning during peak disorder periods (Correct answer)
An area permanently closed to new licensed premises applications

Correct answer: An area designated by a local authority where premises are required to pay a levy to fund additional policing and street cleaning during peak disorder periods

Alcohol Disorder Zones allowed local authorities and police to designate areas where premises paid additional charges to fund extra policing and cleaning — however, this provision was rarely used in practice.

Question 16: A staff member at a licensed premises sells alcohol to a 17-year-old who appears to be much older. The staff member did not ask for identification. If prosecuted, what is the most likely outcome for the staff member?

The 17-year-old is the only one who has committed an offence by attempting to buy alcohol.
The staff member has likely committed an offence as they failed to exercise 'due diligence'. (Correct answer)
No offence was committed as the sale was unintentional and the person looked over 18.
A valid defence exists as long as the premises operates a 'Challenge 25' policy, even if it wasn't used.

Correct answer: The staff member has likely committed an offence as they failed to exercise 'due diligence'.

Selling alcohol to a person under 18 is an offence. A defence of 'due diligence' may be available, but this requires the seller to have taken all reasonable steps to verify the customer's age. Simply believing a person looks old enough is not sufficient; failing to ask for ID when required by an age verification policy means due diligence was not exercised.

Question 17: What is the annual premises licence fee used for under the Licensing Act 2003?

It is deposited in a central government fund for public health
It is paid to the licensing authority to fund the costs of administering and enforcing the licensing regime (Correct answer)
It is paid to the police to fund licensing enforcement
It pays for compulsory training for DPS holders

Correct answer: It is paid to the licensing authority to fund the costs of administering and enforcing the licensing regime

The annual fee (set by the Secretary of State on a tiered basis by rateable value) is retained by the licensing authority to fund its licensing administration and enforcement functions.

Question 18: What impact can a premises' track record of disorder have on a future licence application in the same location?

Past disorder only matters if the same operator is applying
Only crimes committed by the current applicant personally are relevant
The licensing authority can take into account the history of a location when determining a new application, potentially imposing stricter conditions or refusing the licence (Correct answer)
Past disorder has no bearing on a new application for the same site

Correct answer: The licensing authority can take into account the history of a location when determining a new application, potentially imposing stricter conditions or refusing the licence

The history of a location and the type of operation proposed are both relevant — if a site has a history of disorder, the licensing authority may apply a more cautious approach and attach stricter conditions to any new licence.

Question 19: What relevant qualification must a personal licence applicant hold under the Licensing Act 2003?

A licensing qualification accredited by an awarding organisation listed in the Secretary of State's guidance, such as the APLH Award (Correct answer)
A first aid qualification endorsed by the HSE
A security industry qualification approved by the SIA
Any food hygiene qualification from a recognised body

Correct answer: A licensing qualification accredited by an awarding organisation listed in the Secretary of State's guidance, such as the APLH Award

The applicant must hold a licensing qualification that is specifically accredited for this purpose — the Award for Personal Licence Holders (APLH) from BII, Highfield, or BIIAB is the most common.

Question 20: What is the purpose of a 'log book' or 'incident register' at a licensed premises?

To record all stock deliveries from suppliers
To record incidents of disorder, refusals of service, and other significant events, providing evidence for the licensing authority and management to identify patterns and improve risk management (Correct answer)
To record the personal licence holder's hours worked
To comply with a mandatory condition imposed on all premises by the 2003 Act

Correct answer: To record incidents of disorder, refusals of service, and other significant events, providing evidence for the licensing authority and management to identify patterns and improve risk management

An incident register documents events that occur on the premises — it demonstrates a responsible management culture, helps identify recurring problems, and provides a contemporaneous record if a licence review is triggered.

Question 21: How long is a premises licence valid once granted by the licensing authority?

One year, subject to annual renewal
Indefinitely, unless surrendered, lapsed or revoked (Correct answer)
Three years, with a review at each renewal
Five years unless revoked earlier

Correct answer: Indefinitely, unless surrendered, lapsed or revoked

A premises licence has no fixed expiry date and remains in force indefinitely unless it is surrendered by the holder, lapses, or is revoked by the licensing authority.

Question 22: A licensed premises operates a 'Challenge 25' policy. Which statement best describes the legal principle behind adopting this policy?

It grants staff the legal authority to confiscate fraudulent identification.
It is a mandatory condition on all premises licences issued after 2014.
It legally prohibits anyone who looks under 25 from buying alcohol, even if they are over 18 without ID.
It helps the business establish a 'due diligence' defence against a charge of selling alcohol to a person under 18. (Correct answer)

Correct answer: It helps the business establish a 'due diligence' defence against a charge of selling alcohol to a person under 18.

While having an age verification policy is mandatory, the specific use of 'Challenge 25' is a voluntary, best-practice scheme. Its primary benefit is that it provides strong evidence that the business has taken all reasonable steps to prevent underage sales, thereby supporting a 'due diligence' defence if an illegal sale accidentally occurs.

Question 23: Which authority is responsible for issuing premises licences and club premises certificates under the Licensing Act 2003?

The Magistrates' Court
The Police and Crime Commissioner
The relevant licensing authority, which is the district council, unitary authority, or London borough for the area (Correct answer)
The Home Office

Correct answer: The relevant licensing authority, which is the district council, unitary authority, or London borough for the area

The licensing authority for a given area is the local council (district, borough, or unitary authority) — it issues premises licences, personal licences, and club premises certificates.

Question 24: 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 may suspend the licence for up to six months or revoke it. (Correct answer)
It can issue a fine directly to the personal licence holder.

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 25: What is the 'Best Bar None' scheme and how does it relate to licensing objectives?

A trade association membership requirement for national chain venues
A police designation for premises exempt from test purchases
A government certification for premises that have never had a licence review
An award scheme that recognises licensed premises with high standards of management, responsible alcohol service, and good practices that promote the licensing objectives (Correct answer)

Correct answer: An award scheme that recognises licensed premises with high standards of management, responsible alcohol service, and good practices that promote the licensing objectives

Best Bar None is an accreditation scheme recognising excellent management practices — participation demonstrates a commitment to promoting the licensing objectives and can be used as evidence of responsible management in licensing proceedings.

Question 26: Under the Licensing Act 2003, what is the offence of 'selling alcohol to a drunk person'?

Section 141 creates an offence of knowingly selling or attempting to sell alcohol to a person who is drunk on any licensed premises (Correct answer)
It is a civil offence carrying a fixed penalty notice only
There is no specific offence relating to selling to a drunk person
It is only an offence in late-night premises after midnight

Correct answer: Section 141 creates an offence of knowingly selling or attempting to sell alcohol to a person who is drunk on any licensed premises

Section 141 Licensing Act 2003 makes it a criminal offence for any person on relevant premises to knowingly sell or attempt to sell alcohol to a person who is drunk.

Question 27: Under the Licensing Act 2003, what is a 'relevant offence' that could affect a personal licence application?

Only convictions resulting in a custodial sentence
Any criminal conviction regardless of type
Offences listed in Schedule 4 of the Licensing Act 2003, including alcohol-related offences, drug offences, and offences involving dishonesty or violence (Correct answer)
Any road traffic offence recorded in the last 10 years

Correct answer: Offences listed in Schedule 4 of the Licensing Act 2003, including alcohol-related offences, drug offences, and offences involving dishonesty or violence

Schedule 4 lists the specific relevant offences that must be declared on a personal licence application — they include offences of dishonesty, violence, drug offences, and alcohol-specific offences.

Question 28: Which legislation governs the sale and supply of alcohol in England and Wales?

The Licensing Act 2003 (Correct answer)
The Sale of Goods Act 1979
The Health Act 2009
The Misuse of Drugs Act 1971

Correct answer: The Licensing Act 2003

The Licensing Act 2003 is the primary legislation that regulates the sale and supply of alcohol, regulated entertainment, and the provision of late night refreshment in England and Wales.

Question 29: What is the 'mandatory code' relating to irresponsible drinks promotions?

A voluntary code of practice issued by the British Beer and Pub Association
The Licensing Act (Mandatory Conditions) Order 2010, which prohibits irresponsible promotions including activities that encourage rapid or excessive alcohol consumption (Correct answer)
A national advertising standard applied by the ASA
A condition attached only to nightclub premises licences

Correct answer: The Licensing Act (Mandatory Conditions) Order 2010, which prohibits irresponsible promotions including activities that encourage rapid or excessive alcohol consumption

The Mandatory Conditions Order 2010 prohibits irresponsible promotions — deals that reward speed of consumption, games that require drinking forfeits, or promotions linked to downing drinks are all prohibited.

Question 30: What is a 'Pub Watch' scheme and how does it promote the licensing objectives?

A government-mandated monitoring programme for premises in disorder hotspots
An insurance scheme for premises affected by alcohol-related violence
A voluntary partnership scheme between local licensed premises and police where licensees share information about excluded persons and local crime patterns (Correct answer)
A CCTV system installed by the police to monitor licensed premises

Correct answer: A voluntary partnership scheme between local licensed premises and police where licensees share information about excluded persons and local crime patterns

Pub Watch is a voluntary scheme where licensees, police, and local councils share intelligence about banned individuals, warning signs of disorder, and local crime — membership demonstrates responsible management.

Question 31: Which of the following documents must accompany a premises licence application?

A fire risk assessment signed by a competent person
A plan of the premises drawn to a prescribed scale (Correct answer)
A noise impact assessment
A health and safety policy document

Correct answer: A plan of the premises drawn to a prescribed scale

A plan of the premises drawn to a prescribed scale must be included with the application so the licensing authority can understand the layout and extent of the premises to be licensed.

Question 32: What is the purpose of an 'operating schedule' in a premises licence application?

To list the names of all staff who will work at the premises
To detail the menu and entertainment programme only
To set out the financial projections for the business
To describe how the applicant will promote each of the four licensing objectives in their specific premises and context (Correct answer)

Correct answer: To describe how the applicant will promote each of the four licensing objectives in their specific premises and context

The operating schedule is the applicant's statement of how they will ensure the licensing objectives are promoted — conditions on the licence are often drawn from it.

Question 33: A Personal Licence Holder is charged with a relevant offence. At what point must they inform the court that they hold a Personal Licence?

After the court has reached a verdict.
Only if they are found guilty of the offence.
No later than their first appearance in court for the offence. (Correct answer)
Within 14 days of the charge being brought against them.

Correct answer: No later than their first appearance in court for the offence.

The Licensing Act 2003 places a duty on a Personal Licence Holder who is charged with a relevant offence to inform the court of their status as a licence holder. This notification must happen no later than their first appearance in court in connection with that offence.

Question 34: Which of the following is a licensable activity requiring authorisation under the Licensing Act 2003?

Providing live music between 8am and 11pm
Providing outdoor seating for customers
Serving coffee during daytime hours
The retail sale of alcohol (Correct answer)

Correct answer: The retail sale of alcohol

The retail sale of alcohol is one of the four licensable activities defined under the Licensing Act 2003 and requires authorisation through a premises licence or other permission.

Question 35: What is the Licensing Act 2003's provision for dealing with premises where 'after the event' evidence shows disorder linked to alcohol?

The licensing authority conducts automatic annual reviews of all premises with disorder incidents
The police must obtain a court injunction to address the problem
Only the DPS can initiate remedial action following disorder
A responsible authority or interested party can apply to the licensing authority for a review of the premises licence at any time, citing the disorder evidence (Correct answer)

Correct answer: A responsible authority or interested party can apply to the licensing authority for a review of the premises licence at any time, citing the disorder evidence

The review mechanism allows any responsible authority or interested party to bring a premises back before the licensing authority when there is evidence of disorder — the authority can then modify or revoke the licence.

Question 36: In what way can the public (interested parties) engage with the licensing process under the Licensing Act 2003?

Interested parties (those living or carrying on business in the vicinity of the premises) may make representations about applications and apply for a review of an existing licence (Correct answer)
The public can only attend licensing hearings as observers
The public have no role in the licensing process
The public can only comment on applications made after midnight

Correct answer: Interested parties (those living or carrying on business in the vicinity of the premises) may make representations about applications and apply for a review of an existing licence

Interested parties (nearby residents and businesses) may make relevant representations about new applications, variations, and reviews — representations must be relevant to the licensing objectives to be considered.

Question 37: Which of the following is generally considered the most reliable group of documents for proving age when selling alcohol in the UK?

A student union card with a photograph and a birth certificate.
A credit card featuring a photograph of the holder.
An expired passport presented alongside a recent utility bill.
A valid passport, a photocard driving licence, or a card bearing the PASS hologram. (Correct answer)

Correct answer: A valid passport, a photocard driving licence, or a card bearing the PASS hologram.

The most widely accepted forms of identification are those with high-security features, such as a valid passport, a current UK photocard driving licence, or an accredited proof of age card bearing the PASS (Proof of Age Standards Scheme) hologram. Other forms of ID are not recommended as they are easier to forge and lack the necessary security features.

Question 38: What is the role of the Designated Premises Supervisor (DPS) under the Licensing Act 2003?

To manage all staff HR matters at the premises
To physically supervise every alcohol sale in person
To be the emergency contact for the licensing authority
To be the individual who holds day-to-day responsibility for ensuring that the premises operates in accordance with its licence, and in whose name each sale of alcohol is authorised (Correct answer)

Correct answer: To be the individual who holds day-to-day responsibility for ensuring that the premises operates in accordance with its licence, and in whose name each sale of alcohol is authorised

The DPS is the key contact between the premises and the licensing authority — they are the responsible personal licence holder who accepts accountability for the day-to-day operation of the licence.

Question 39: Under the Licensing Act 2003, failure by a Personal Licence Holder to notify the issuing authority of a change of address is an offence. What is the typical maximum penalty for this?

A Level 2 fine. (Correct answer)
A formal written warning.
A Level 4 fine.
Suspension of the Personal Licence for 6 months.

Correct answer: A Level 2 fine.

Failing to notify the licensing authority of a change of name or address is an offence under the Licensing Act 2003. This is typically subject to a Level 2 fine on the standard scale, which is £500.

Question 40: A pub wishes to make a significant change to its layout, which involves moving the main bar to a different room. What type of application must the premises licence holder submit to the licensing authority?

A full variation (Correct answer)
A temporary event notice
A notification of change of circumstances
A minor variation

Correct answer: A full variation

Substantially altering the layout of the premises as shown on the plan accompanying the premises licence is considered a major change. Such a change requires an application for a 'full variation' of the premises licence. A minor variation is for small changes that would not adversely impact the licensing objectives.

BIIAB Level 2 Award for Personal Licence Holders (APLH)

The APLH is the mandatory qualification required to apply for a personal licence to sell or authorise the sale of alcohol in England and Wales. It tests knowledge of the Licensing Act 2003, licensing objectives, and the responsibilities of personal licence holders and designated premises supervisors.

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