SIA Door Licensing Law (Licensing Act 2003) 4 — Questions and Answers
Question 1: What is a 'licence review' under the Licensing Act 2003 and when might it be triggered?
- A formal process where the licensing authority reconsiders a licence after problems arise, such as crime or disorder (Correct answer)
- An annual renewal process for all premises
- A routine inspection by environmental health
- A police assessment of the venue's security
Correct answer: A formal process where the licensing authority reconsiders a licence after problems arise, such as crime or disorder
A licence review is triggered when a responsible authority or interested party believes the licensing objectives are not being met; the licensing authority may add conditions, reduce hours or revoke the licence.
Question 2: Which responsible authority has the power to issue a closure notice to premises involved in disorder?
- The police (Correct answer)
- The local council environmental health team
- The SIA
- Magistrates' Court only
Correct answer: The police
Police can issue a closure notice to premises associated with disorder or nuisance under the Anti-social Behaviour, Crime and Policing Act 2014, pending a court-ordered closure order.
Question 3: What is the legal position on selling alcohol to a person who is buying on behalf of someone underage (proxy purchase)?
- It is an offence under the Licensing Act 2003 to knowingly supply alcohol for someone underage (Correct answer)
- It is only an offence for the underage person
- It is a civil matter between the buyer and venue
- It is only illegal if the person is under 16
Correct answer: It is an offence under the Licensing Act 2003 to knowingly supply alcohol for someone underage
Knowingly supplying alcohol for delivery to a person under 18 (proxy purchase) is an offence under Section 149 of the Licensing Act 2003.
Question 4: Under the Licensing Act 2003, what is the penalty for selling alcohol to a person under 18?
- A fine up to level 5 on the standard scale (unlimited since 2015) (Correct answer)
- A fixed penalty notice only
- Immediate licence revocation
- Up to 6 months imprisonment
Correct answer: A fine up to level 5 on the standard scale (unlimited since 2015)
Selling alcohol to a person under 18 is a summary offence with a fine up to the legal maximum; persistent underage sales can also lead to licence review and revocation.
Question 5: What does 'irresponsible drinks promotions' mean under the Licensing Act 2003 guidance?
- Promotions that encourage excessive consumption or target vulnerable groups, which are prohibited under licence conditions (Correct answer)
- Any promotion offering free alcohol
- Drinks promotions not approved by the local authority
- Happy hour pricing at any time
Correct answer: Promotions that encourage excessive consumption or target vulnerable groups, which are prohibited under licence conditions
The Licensing Act guidance prohibits promotions that encourage rapid or excessive consumption, offer unlimited alcohol for a fixed price or specifically target intoxicated persons.
Question 6: What is a 'cumulative impact policy' (CIP) and how does it affect new licence applications?
- A local policy recognising that a concentration of licensed premises causes problems; creates a presumption against new licences in that area (Correct answer)
- A national policy setting minimum staffing for licensed venues
- A requirement for all venues to carry public liability insurance
- A police policy on responding to disorder in nightlife areas
Correct answer: A local policy recognising that a concentration of licensed premises causes problems; creates a presumption against new licences in that area
A CIP allows local authorities to recognise that an area already has too many licensed premises contributing to crime or nuisance, creating a rebuttable presumption against new applications.
SIA Door Licensing Law (Licensing Act 2003) 4
What is a 'licence review' under the Licensing Act 2003 and when might it be triggered?