Alcohol Licence Law Pubwatch scheme

Published on February 18th, 2011 | by Dean Carr

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The Rovers Return in breach of the Licensing Act 2003?

A recent episode of Coronation Street raised an interesting question. In this episode the manager and his wife went on holiday, leaving a friend in charge of the pub (The famous Rovers Return). Is this a legal situation?  Does the friend in question need a personal licence to sell alcohol?

According to the licensing act 2003:

All sales of alcohol must be made by, or under the authority of, a Personal Licence Holder. Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sale.

So does the licensee need to be on the premises to authorise the sale of alcohol? Digging deeper into the licensing act 2003: (Chapter 17, Paragraph 19)

Mandatory conditions where licence authorises supply of alcohol

(1) Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

(2) The first condition is that no supply of alcohol may be made under the premises licence-

(a) At a time when there is no designated premises supervisor in respect of the premises licence, or

(b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

It is clear that the manager of the Rovers Return is in breach of these conditions, and that the Weatherfield Council need to investigate…….

By the way, the fact that the managers name is above the entrance is NOT a legal requirement, and does not apply to this case.

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About the Author

Dean Carr

Dean has been involved in alcohol licensing for over 20 years and has helped many independent retailers and corporate clients obtain a licence to sell alcohol or offer late night refreshment, regulated entertainment from all sorts of premises. Dean writes articles for various trade related blogs and is currently Managing Director of the PLT group of companies who run APLH and SCPLH personal alcohol licence courses nationwide. You can contact Dean or a member of his expert licensing team on: 01242 222 188



Comments

  1. I deal with licence training for losts of Indian retailers who tend to go on holiday for longer periods of time. their Holidays are normally six weeks where do they stand if no personal licence holder is on the premises during a six week period? I normally advise them to inform the local police licensing officer of their absence.

    Surenda Panchal
    Personal Licence Training Limited

  2. Jeremy says:

    Thanx for the comments guys (keep it coming!). I suspect that the strictness of the application of these rules depends upon the local council involved….. We have a few local council subscribers, so we would welcome any comments!

  3. Daniel Hillier says:

    My understanding is that as long as you have give written authorization to someone to service then there does not need to be a licencee on site while the pub is open.

    How ever there should be a licencee (but not necessary the DPS) available to deal with any incident that might have taken place. A night or 2 away might be OK, but any longer might be frowned upon.

    As for the DPS going on holiday see below.

    “The Licensing Authority hopes and anticipates that that the DPS will spend a significant amount of time on the premises, as the guidance suggest that the DPS should be someone who has ‘day to day responsibility for running the premises’.”

    http://www.scarborough.gov.uk/pdf/DPS%20Fact%20Sheet.pdf

  4. Noel says:

    As a trainer for the National Certificate for Personal Licence Holders (NCPLH) Level 2 this article is very interesting as I often get asked the question what is meant by the term authorise?????
    Does this mean a DPS can go on Holiday for 6 weeks and give authorisation to another person who does not hold a personal licence!!!!! or does it mean what it says in the licensing Act.
    Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
    There are two Manatory Conditions on a premises licence taken from the Licensing Act 2003 they read as follows;

    • 2003 c. 17 Part 3 Grant of premises licence Section 19

    Mandatory conditions where licence authorises supply of alcohol
    (1)Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.
    (2)The first condition is that no supply of alcohol may be made under the premises licence—
    (a)at a time when there is no designated premises supervisor in respect of the premises licence, or
    (b)at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
    (3)The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

    According to Collins Dictionary the word authorise means; 1. to give authority to,
    2. to give official permission for,

    As a trainer i am a little confused! Does this mean if I go holiday for 9 months of the the year i can authorise sales of alcohol from my sun bed! Maybe the Scottish licensing Act is heading in the right direction then! At least all the staff in Scotland require training under the 2005 Act????????

    Regards Noel

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