A personal licence holder is a person who is licensed to sell alcohol by retail or able to give authorisation to others to sell alcohol. A what is a personal licence holder may also apply to become the Designated Premises Supervisor.
The Licensing Act 2003 has established a regime for the granting of personal licences to individuals to supply, or to authorise the sale or supply of alcohol.
The personal licence is separate from the licence that authorises the premises to be used for the supply of alcohol. The licensing of individuals separately from the licensing of premises permits the movement of personal licence holders from one premises to another, allowing greater flexibility. It ends the previous outdated regime where publicans were tied by licences to the premises where they work. The Act also provides the police and licensing authorities with powers to deal with errant personal licence holders.
The personal licence relates only to the supply of alcohol under a premises licence. An individual will not require a personal licence for the other licensable activities, the provision of regulated entertainment or late night refreshment, or for the supply of alcohol under a club premises certificate or temporary event notice (although personal licence holders will be able to give 50 temporary event notices each year instead of the limit of 5 for non-personal licence holders).
A personal licence does not authorise its holder to supply alcohol anywhere, but only from establishments with a premises licence authorising the supply of alcohol in accordance with the premises licence. An individual may hold only one personal licence at any one time.
All premises licences authorising the supply of alcohol must have an identified personal licence holder known as the designated premises supervisor. This ensures there is always one specified individual who can be readily identified at a premises where a premises licence is in force. This person will usually be responsible for the day-to-day running of the premises. More than one individual at the licensed premises may hold a personal licence, although it is not necessary for all staff to be licensed. But, all supplies of alcohol under a premises licence must be made by or under the authority of a personal licence holder.
A personal licence is issued for ten years in the first instance and can be renewed on application for a further ten years if the licence holder has not been convicted of any relevant or foreign offence.
Applicants for personal licences will need to obtain an accredited qualification first. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol. Personal licence qualification providers are accredited by the Secretary of State. (see links below for a list of providers)
Applicants are also required to apply for a basic criminal record check.
Basic criminal record checks can be obtained from Disclosure Scotland for further details call their helpline number 0870 609 6006, or their website (see link below).
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can a dps bar a person
Yes they can, and they don’t have to give a reason why, but they must not appear discriminatory (e.g banning a person in a wheel chair for being in a wheel chair). The bar lasts for a period of time which is at the discretion of the designated premises supervisor.
Can you still obtain a personal licence if you have criminal convictions??
Hi,
Nice name, but there is no point in appealing to us, we’re just the messengers!
The successful application for a personal licence depends on the type of conviction.
For further information see : http://www.alcohollicence.org/criminal-convictions-and-your-alcohol-licence/
Is it correct that once you have a personal licence you then have to apply for a DPS before you can sell alcohol in a small convenience store? I thought that all that was needed was a premises licence & a suitably qualified person that held a personal licence. Sorry to sound thick but I am just trying to bail out a shop that has lost it’s manager (held a personal licence) & director (held the premises licence) all at the same time. The new manager has attended the relevant course this week & was told that she must wait 2 weeks to find out if she has passed & also that she must then take a course to become a DPS before she can sell alcohol. Only then can we transfer the premises licence over!
Does this all sound right to you?
Thanks
Stuart
Hi Stuart thanks for your question, there are a few issues here. Firstly a premises can only sell alcohol if there is a DPS named on the premises licence. That person must hold a personal licence and must give written consent to be named on the premises licence as the DPS (Designated Premises Supervisor). They do not need to do a separate DPS course. The premises licence will need to be varied to specify the new DPS. This means that you must return the original premises licence to the Licensing Authority that granted it with the details of the new DPS, their personal licence number and issuing Authority. You will need two forms to do this you can download these below;
http://www.culture.gov.uk/images/publications/P_425.pdf
http://www.culture.gov.uk/images/publications/P_4211A.pdf
My next concern is who’s name is the premises licence in? If that owner is no longer at the premises then you will need to transfer the premises licence to the new owner.
Again I have added links below;
http://www.culture.gov.uk/images/publications/P_426.pdf
http://www.culture.gov.uk/images/publications/P_4211B.pdf
You will normally require the consent of the premises licence holder to do this.
The cost to vary a DPS on a premises licence is £23 and to transfer a licence from one owner to another is £23. You can also ask your local council’s Licensing Authority for help or speak to Jo Taylor at Personal Licence Training Ltd on 01527 544 780
We hope this helps! please be aware selling alcohol with no DPS is a criminal offence subject to a fine of up to £20,000 and or 6 months imprisonment.
Regards Dean
http://www.alcohollicence.org
I make wine from country ingedients such as leaves and flowers, in the UK. My daughter in law is Italian, and has recently purchased a bar. She would like to be able to sell my wine in her bar. Wondering where I begin with licences and duty to pay…The wines are 10 – 15%.
I am also considering wholeselling them to UK off-licences – is it I who need the licences and make duty payments, or the retailer?
Thanks, Elaine
Any advice would be greatly appreciated!
Do you know if a personal licence is needed in Northern Ireland? I can’t see any reference to it in the legislature.
Hi Sophie,
At present, you do not require a premises licence or a personal licence to sell alcohol in Northern Ireland. This leglislation is still under review by the Northern Ireland Assembly, but it does not seem that a new law will be put in place in near future.
Hi Elaine,
The wholesale of alcohol (business to business) does not require a premises licence or a personal licence. The point of retail sale – in this case, the restaurant or the off-licence – is the venue that requires licensing.
In order to wholesell the wine, you will need to make sure that the ABV (Alcohol By Volume) is clearly labelled on the packaging of the wine, and that you have completed a food hygiene qualification.
If you wish to sell alcohol by retail, directly to the general public, licences would be required.
The very best of luck with your venture! If you wish to discuss licensing matters in more detail, call our sponsors Personal Licence Training (licensing consultants) on 01527 544780.