Mixed Deck — All APLH Topics Flashcards

What is the purpose of the premises licence 'summary' that must be displayed at licensed premises?

Answer: To provide publicly visible evidence that the premises holds a valid licence, showing key details including the licence number and the name of the DPS

The premises licence summary must be displayed prominently — it confirms the premises is licensed, identifies the DPS, and allows the public and enforcement officers to verify the licence at a glance.

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

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.

If a personal licence holder loses their licence document, what should they do?

Answer: Apply to the licensing authority that issued the licence for a replacement copy, paying the prescribed fee

A lost, stolen, or damaged personal licence can be replaced by applying to the issuing licensing authority for a copy — the underlying licence record remains valid and continues to exist even without the physical document.

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

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.

Under the Licensing Act 2003, who may apply for a personal licence?

Answer: An individual aged 18 or over who holds a relevant licensing qualification and does not have an unspent conviction for a relevant offence

Personal licence applicants must be aged 18 or over, hold a recognised licensing qualification (such as the APLH Award), and must declare any relevant convictions — relevant unspent convictions may lead to refusal.

Under the Licensing Act 2003, what is a 'minor variation' to a premises licence?

Answer: A simplified application process for small changes to a licence (such as minor changes to the operating schedule or licensed area) that do not raise concerns about the licensing objectives

The minor variation process (s.41A) allows straightforward, low-risk changes to be made to a premises licence without the full consultation and hearing process required for a major variation.

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.

A personal licence holder implements a strict 'Challenge 25' policy and maintains a refusals register. These actions directly support which licensing objective?

Answer: The protection of children from harm

The 'Challenge 25' policy and keeping a refusals register are robust age verification practices. These measures are specifically designed to prevent the sale of alcohol to minors, which is a core component of the licensing objective of protecting children from harm.

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

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.

Which of the following individuals would NOT be considered an 'authorised person' with statutory rights of entry to licensed premises under the Licensing Act 2003 for the purpose of checking compliance?

Answer: A member of the public who has made a complaint about noise.

'Authorised persons' are specifically defined by the Act and include police constables, licensing authority officers, and officers from responsible authorities like environmental health and the fire service. A member of the public does not have any statutory right of entry, although their complaint may prompt a visit from an authorised person.

To which authority must a premises licence application be submitted?

Answer: The local licensing authority

A premises licence application must be submitted to the local licensing authority, which is typically the district or borough council for the area in which the premises are located.

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?

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.

Under the Licensing Act 2003, can a DPS be prosecuted personally for an offence committed by a member of their staff?

Answer: Yes — where the DPS 'knowingly' permitted the offence or was negligent in supervision, they may face personal prosecution

Where a DPS knowingly permits an offence or is reckless as to whether it occurs, they face personal liability — this is the personal accountability that makes the DPS role significant and not merely nominal.

How far in advance must a standard Temporary Event Notice be served on the licensing authority?

Answer: 10 working days

A standard TEN must be served on the licensing authority, the police, and environmental health at least 10 working days before the event begins to allow time for objections.

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

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.

What must be displayed prominently at all times on premises that hold a premises licence?

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.

Following a review of a premises licence, which of the following actions is NOT available to the licensing authority?

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.

Under the Licensing Act 2003, which type of condition on a premises licence cannot be imposed?

Answer: Conditions that are inconsistent with the operating schedule, disproportionate, or that impose requirements already imposed by other legislation

Conditions must be appropriate and proportionate for the promotion of the licensing objectives — they cannot duplicate requirements already in other legislation and must be consistent with the operating schedule.

A community group organises a ticketed event in a village hall, selling wine and beer to raise funds. They do not hold a premises licence and have not obtained a Temporary Event Notice (TEN). What is the potential maximum penalty for this offence?

Answer: An unlimited fine and/or up to 6 months imprisonment.

Under Section 136 of the Licensing Act 2003, carrying on a licensable activity (such as the sale of alcohol) without an appropriate authorisation is a criminal offence. The maximum penalty is an unlimited fine, up to 6 months in prison, or both.

The owner of a takeaway that does not have a premises licence for late night refreshment decides to sell hot food to customers at 1:00 am. What specific offence under the Licensing Act 2003 have they committed?

Answer: Unauthorised carrying on of a licensable activity.

The provision of hot food or hot drink to the public between 11:00 pm and 5:00 am is a licensable activity known as 'late night refreshment'. Carrying this on without a premises licence or a TEN is an offence under Section 136 of the Licensing Act 2003.