SIA Licensing Law 3 — Questions and Answers
Question 1: What is 'due diligence' defence in licensing law?
- Having a good lawyer
- Proving you took all reasonable precautions and exercised due diligence to avoid committing the offence (Correct answer)
- Paying fines on time
- Having CCTV installed
Correct answer: Proving you took all reasonable precautions and exercised due diligence to avoid committing the offence
Due diligence defence under Section 139 allows venues to avoid conviction if they can prove they took all reasonable steps to prevent the offence (e.g., age-check policies, staff training).
Question 2: What powers do police have regarding licensed premises?
- None without a warrant
- Power to enter and inspect licensed premises at any time without a warrant (Correct answer)
- Only can enter if invited
- Can only enter during licensing hours
Correct answer: Power to enter and inspect licensed premises at any time without a warrant
Under Section 180 of the Licensing Act 2003, authorised police officers can enter and inspect licensed premises at any reasonable time without a warrant.
Question 3: What is the penalty for working as a door supervisor without an SIA licence?
- A verbal warning
- A fine of up to £5,000 and/or 6 months imprisonment (Correct answer)
- Automatic 1-year ban from the industry
- Community service only
Correct answer: A fine of up to £5,000 and/or 6 months imprisonment
Under the Private Security Industry Act 2001, working without an SIA licence is a criminal offence carrying up to £5,000 fine and/or imprisonment.
Question 4: What conditions might be attached to a premises licence?
- Only the number of door supervisors required
- CCTV requirements, capacity limits, noise restrictions, door supervisor ratios, last entry times (Correct answer)
- Only opening hours
- No conditions can be attached
Correct answer: CCTV requirements, capacity limits, noise restrictions, door supervisor ratios, last entry times
Conditions can cover many aspects including CCTV, staffing, capacity, noise, search policies, drink containers, and more. They're legally binding.
Question 5: What is 'irresponsible promotions' under the Licensing Act?
- Any drinks promotion
- Promotions encouraging excessive drinking, such as 'all you can drink' or drinking games (Correct answer)
- Promotions not advertised in advance
- Any discount over 50%
Correct answer: Promotions encouraging excessive drinking, such as 'all you can drink' or drinking games
The mandatory licensing conditions ban promotions that encourage excessive consumption, including unlimited drinks for a fixed price, speed drinking rewards, and free drinks as prizes.
Question 6: What is a 'personal licence' and who needs one?
- Every door supervisor needs one
- The individual who authorises the sale of alcohol — typically the DPS or bar manager (Correct answer)
- All venue staff need one
- Only the venue owner needs one
Correct answer: The individual who authorises the sale of alcohol — typically the DPS or bar manager
A personal licence authorises an individual to sell or authorise the sale of alcohol. The DPS must hold one, and other staff may also hold them for operational flexibility.
SIA Licensing Law 3
What is 'due diligence' defence in licensing law?