The Licensing Act 2003 states that every supply of alcohol made under a premises licence must be made or authorised by a personal licence holder.
Every premises involved in the sale or supply of alcohol must have one nominated Designated Premises Supervisor (DPS), who must hold a personal licence.
Due to the importance of this role, we consider it good practice for more than one personal licence holder to be associated with each premise that is licensed to sell alcohol.
How to apply for a Personal Licence
All applicants for a personal licence must:
- be over 18
- hold a relevant licensing qualification
- provide a criminal record check that is no more than 28 days old
- provide two passport sized photographs (one must be endorsed as a true likeness by a solicitor or a person of standing in the community)
- submit a correctly completed application form
- provide a disclosure of convictions and declaration
- submit right to work/immigration status documentation.
- apply to the Licensing Authority (Council) in whose area you normally reside
Your licence will be issued within three months of receipt by us.
‘Right to Work’ Documentation/check
A personal licence may not be issued to an individual or an individual in a partnership, which is not a limited liability partnership, who is resident in the UK who:
- does not have the right to live and work in the UK; or
- is subject to a condition preventing him or her from doing work relating to the carrying on of a licensable activity.
A personal licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK.
Applicants must demonstrate that they have the right to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity. They do this in one of two ways:
1) by providing with their application, copies or scanned copies of the documents, which an applicant may provide to demonstrate their entitlement to work in the UK (which do not need to be certified). Home Office right to licence document list
2) by providing their ‘share code’ to enable the licensing authority to carry out a check using the Home Office online right to work checking service (see below).
As an alternative to providing a copy of original documents, applicants may demonstrate their right to work by allowing the licensing authority to carry out a check with the Home Office online right to work checking service.
To demonstrate their right to work via the Home Office online right to work checking service, applicants should include in this application their 9-digit share code (provided to them upon accessing the service at www.gov.uk/prove-right-to-work) which, along with the applicant’s date of birth (provided within this application), will allow the licensing authority to carry out the check.
To establish the applicant’s right to work, the check will need to indicate that the applicant is allowed to work in the United Kingdom and is not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity.
An online check will not be possible in all circumstances because not all applicants will have an immigration status that can be shared digitally. The Home Office online right to work checking service sets out what information and/or documentation applicants will need to access the service. Applicants who are unable to obtain a share code from the service should submit copy documents as set out above.
Your right to work will be checked as part of your licensing application and this could involve us checking your immigration status with the Home Office. We may otherwise share information with the Home Office. Your licence application will not be determined until you have complied with this guidance.
Requirements of Application
Basic Disclosure Certificate
New applicants need to apply online for a Basic Disclosure Certificate from the Disclosure and Barring Service.
If you need support to apply online, call the DBS helpline on 03000 200 190 and select option 2, and then option 1.
Your disclosure is only valid for 28 days from the date that the disclosure was issued by Disclosure and Barring Service.
The only type of disclosure check we can accept for a personal alcohol licence is a basic criminal record check, we cannot accept a standard or enhanced disclosure check.
Photograph Advice
Two photographs must be submitted, which:
- contrast against the background
- measure 45mm x 35mm (passport size)
- show the full face uncovered and without sunglasses and, unless the applicant wears a head covering due to their religious beliefs, without a head covering
- One of the photos must be endorsed* as a true likeness of the applicant by a solicitor or notary, professional person, or a person of standing in the community: Occupations for Countersigning Photos (Word Document, 0.1 Mb)
*Example of Photograph Endorsement
The photograph is to be endorsed on the reverse with the following text:
“I, .............................................(insert your name) verify that this photograph is a true likeness of ..................................................(insert full name of applicant) Signed:………………………………………….Date……………………………….
Profession……………………………………………………………………………..”
Licensing Qualification
Before you apply for a personal licence, you must obtain an accredited qualification.
The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities involved in the sale of alcohol.
Download the full list of accredited personal licence qualification providers.
How to Apply
You MUST apply to the Licensing Authority (Council) in whose area you normally reside, not where you are likely to work.
You must complete the personal licence application form and personal disclosure form.
The forms can be found below:
- Application Form for a Personal Licence (PDF Document, 0.15 Mb)
- Disclosure of Convictions and Civil Penalties Declaration (PDF Document, 0.11 Mb)
Your Personal Licence application form, Disclosure of Convictions form, documents, original DBS Basic Certificate and two passport photographs (one endorsed of true likeness) can be posted to:
- Licensing, Council Offices, Southfield Road, Loughborough, LE11 2TX.
Alternatively, you can drop the documents by hand, enveloped and addressed, to Licensing in the Council’s letter box or reception desk.
Licence Fee
Once your application has been received and accepted as correct and complete, a member of the Licensing section will contact you to take payment of £37, the personal licence fee, over the telephone by Debit or Credit card.
Please make sure that the Licensing Section has your correct contact details, i.e., email, telephone number. When Licensing calls you, it will show as a withheld number.
Cash and cheque payments are not accepted. Charnwood Borough Council is no longer accepting cheques with effect from November 1, 2023.
Please note an application is not deemed valid until such time as the payment has been received.
If you have any questions about your application, the Licensing staff will be pleased to assist you. Alternatively, you may wish to seek independent legal advice.
The telephone number for the Contact Centre is 01509 634562 and the email address is Licensing@charnwood.gov.uk.
Please note that your personal licence will be issued within three months of receipt by us.
What happens if there are any objections to my application?
The Chief Officer of Police may object if you have a conviction for a relevant offence (see below).
They may also object if they consider the granting of a personal licence would undermine the Crime Prevention objective.
If an objection is received the Council must hold a hearing, you will be notified of the date, time, and location.
If no objection is received your licence will be granted and it will be sent to the address, you have supplied on your application form.
Decision made
Once the Council has received all the above, we will use these to determine your fitness and suitability to be issued with a Personal licence.
If your application has been unsuccessful, you will be advised by letter to the address on your application, giving reasons why.
A licence can take up to three months to be issued.
Renewal
Personal licences no longer need to be renewed after a 10-year period. All personal licences granted will last for an indefinite period. Your licence is valid indefinitely, unless it is:
- surrendered by yourself
- suspended, revoked, or declared forfeit by a court
- time limited due to Right to Work documentation
The responsibility is still upon the personal licence holder to inform the council of any changes to the licence i.e., change of address or convictions for a relevant offence.
Changes to my licence
Please note that it is your responsibility to notify the licensing department, in writing, of the change of address, change of name or any convictions. Failure to notify the licensing authority of the amendment and failure to produce the licence within 14 days is an offence under Section 127 of the Licensing Act 2003.
Name and address changes
You must notify us if you change your name or address by completing and returning the following form:
- Change of name, address of premises or personal licence holder, loss of licence (Word Document, 0.1 Mb)
The form must be returned alongside both parts of your personal licence, the certificate and photo card and a passport sized photograph to:
- Licensing Section, Charnwood Borough Council, Southfield Road, Loughborough, LE11 2TX.
Once your change of address form has been received and accepted as correct and complete, a member of the Licensing section will contact you to take payment of £10.50, the change of address fee, over the telephone by Debit or Credit card. Cash payments are not accepted
Please make sure that the Licensing Section has your correct contact details, i.e., email, telephone number. Please note that when Licensing calls you, it will show as a withheld number.
Please note that until payment is received the change of details request, cannot be processed and is not deemed valid.
Do I have to tell you about any convictions?
As a personal licence holder, it is your duty under section 128 of the Licensing Act 2003 to notify the court, at the start of any proceedings for a relevant offence (as defined by Schedule 4 - Relevant Offences) that you are a personal licence holder.
If convicted of a relevant offence you must disclose to the Local Authority, who issued your licence, that you have been convicted.
If applicable, you must notify us within 14 days of your conviction.
Failure to inform the Court that you are a personal licence holder or failure to disclose to the Local Authority you have been convicted of a relevant offence may mean you are liable for a fine not exceeding £500 on conviction and your licence may be suspended or forfeited.
Replacement licences
If either part of your personal licence is lost, stolen, or damaged you must notify us immediately by completing and returning the following form:
- Change of name, address of premises or personal licence holder, loss of licence (Word Document, 0.1 Mb)
The form must be returned to the address below, alongside a new passport photo to:
Licensing Section, Charnwood Borough Council, Southfield Road, Loughborough, LE11 2TX.
Once your replacement request has been received and accepted as correct and complete, a member of the Licensing section will contact you to take payment of £10.50, the charge for a replacement licence, over the telephone by Debit or Credit card. Cash payments are not accepted
Please make sure that the Licensing Section has your correct contact details, i.e., email, telephone number. Please note that when Licensing calls you, it will show as a withheld number.
Please note that until payment is received the replacement licence, cannot be processed and is not deemed valid.
Your replacement licence will be issued within three months of receipt by us.
How do I surrender a personal Licence?
Should you wish to surrender your personal licence at any time notice to that effect needs to be given to the issuing authority accompanied by the completed form below and your licence documents. The personal licence will lapse on receipt of that notice.
- Surrender of Personal Licence Notice Form (PDF Document, 0.1 Mb)
The form must be returned alongside both parts of your personal licence, the certificate and photocard. If you are unable to provide either part, you must provide the reason(s) why to:
Licensing Section, Charnwood Borough Council, Southfield Road, Loughborough, LE11 2TX.
Last updated: Thu 28th March, 2024 @ 09:27