Personal Licence Conditions Flashcards

Can a personal licence be transferred between holders when a business is sold?

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.

What must a personal licence holder do if they change their name or address?

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.

Who can carry out a sale of alcohol by retail under the Licensing Act 2003?

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.

What is the obligation on a personal licence holder when they take up a position as DPS at new premises?

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.

In what circumstance can a personal licence be refused even where the applicant has no relevant convictions?

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.

What does it mean for a personal licence to be 'suspended' rather than 'forfeited'?

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.