Published on October 15th, 2010 | by Dean Carr
LICENSING ACT 2003 – Guidance Notes – PERSONAL LICENCES
The notes in this article set out briefly the main responsibilities and procedures for the holders of Personal Licences, together with references to the Notices that must be given when certain circumstances exist. The notes are intended for general guidance only and not as a comprehensive statement of the law.
SURRENDER OF PERSONAL LICENCE
(form LA 116)
Section 115 provides that a personal licence is valid for 10 years, unless before then it is surrendered by the holder, revoked by the licensing authority, or forfeited or suspended by the court. At the end of the ten year period, the holder may apply for renewal to the licensing authority which issued the original licence and the authority can either renew the licence for a further ten years or refuse the application for renewal. Licences do not have effect during periods of suspension.
In some circumstances a licence may extend beyond 10 years, pending a renwal or disposal of an appeal, for example, where an application for renewal of a personal licence has not been determined prior to the expiry of the ten year validity period. Section 116 provides that a personal licence holder may surrender his/her licence and sets out the procedural requirements for such a surrender.
APPLICATION FOR RENEWAL OF PERSONAL LICENCE
(form LA 117C)
Individual permitted to hold only one personal licence
Licence continued pending renewal
Section 117 sets out the steps an individual must take to apply for the renewal of a personal licence. Applications for renewal are to be made to the licensing authority which originally granted the licence.
All applications must be made in the prescribed form and accompanied by the prescribed fee, information and documents. Applications for renewal can only be lodged within a two-month period, beginning three months before the expiry of the licence. If the licence expires before the application for renewal has been determined by the licensing authority, the licence remains in effect until a decision is made.
Only one licence can be held by a single individual at any one time.
CONVICTIONS COMING TO LIGHT AFTER GRANT OR RENEWAL OF A PERSONAL LICENCE
(form LA 124-2)
Section 124 applies where an applicant for the grant or renewal of a personal licence is convicted of a relevant offence in the period between the application being made and its determination, but knowledge of the conviction emerges only after the licence has been granted or renewed. The licensing authority may revoke a personal licence, after consultation with the police.
This section requires the licensing authority to consult the police on becoming aware of such a conviction. The police will then have the opportunity of giving the licensing authority notice that they object to the continuation of a licence where they believe that would undermine the crime prevention objective. If the police object, a hearing must be held by the licensing authority (unless the licence holder, the police and the licensing authority agree that this is unnecessary). The licensing authority must give the reasons for its decision to the offender and to the police. A decision under this section does not have effect pending an appeal.
THEFT, LOSS, ETC. OF PERSONAL LICENCE
(form LA 126)
Section 126 of the Act provides that a personal licence holder will be able to apply to the licensing authority which issued the licence for a copy if the licence has been lost, stolen, damaged or destroyed. If lost or stolen, this must be reported to the police before a copy will be issued. There may be a fee prescribed for the issue of replacement documents. The Act applies to a copy in the same way as it applies to the original.