Do i need a personal licence to serve alcohol?
A premise where alcohol is sold in the UK requires a premises licence. Every premises licence must have a personal licence holder named on the premises licence as the indivdual in charge of those licensed premises. In England and Wales this person is known as the Designated Premises Supervisor (DPS) and in Scotland the individual is know as the Premises Manager.
The Designated Premises Supervisor (DPS) or Premises Manager can authorise sales of alcohol under a premises licence, however there are some differences in law between England and Wales (licensing Act 2003) and Scotland (licensing Act Scotland 2005).
Licensing Act 2003 for England and WalesUnder the 2003 licensing Act every premises must have a Designated Premises Supervisor (DPS). The DPS must hold a personal alcohol licence. However a manatory conditions on a premises licence state the following;
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.
Letter of deligated authorityAs it quite clearly states above every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. Some licensing authorities seem to allow this mandatory condition to be over looked by insisting on a letter of deligated authority. This is a letter signed by the designated premises supervisor that authorises named individuals to sell alcohol under their personal licence in their abcence. It is important to note there is no mention of a letter of deligated authority in the Act, therefore it is advisable to have several personal licence holders on a licensed premise to ensure the aforemention mandatory condition is adeared to.
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