Online Mock Exam
You may also what to download a FREE APLH course book
To Book your APLH training course we have over 120 APLH training venues throughout England and Wales simply call us on; 0845 388 5472
Tuesday, 16 August 2011
APLH mock exam
Online Mock Exam
You may also what to download a FREE APLH course book
Do I have to have to hold a personal licence to work in a pub?
The way this mandatory condition is perceived is normally that a there must be a personal licence holder on the premises in the absent of the designated premises supervisor! We have found in our experience that different Licensing Authorities read this mandatory condition in different ways. Some Licensing Authorities will insist on a list to be displayed at the premises of authorised persons, others will insist on a premises having several personal licence holders. Licensing Committees tend to favor additional personal licence holders on a premises licence when granting after a licence hearing.
As a company specialising is licensing law we always practice Best Advice It is essential that a premises licence holder uses due diligence to avoid un-authorised sales of alcohol to minors.
We recommend that there should always be a personal licence holder on duty to authorise any sale of alcohol or any sale of any other age restricted product in respect of that licensed premise.
In Scotland the law states that anyone working behind a bar or sales counter must have a minimum of two hours training on Scottish licensing law. This includes any person working part time or full time, paid or un-paid. So in Scotland to work behind a bar you do require a certificate or proof of staff training.
A record of that training must also be kept at the premises by the Premises Manager.
Now we think this is a fabulous idea! well we would we are a training company for licensing laws, however sales of alcohol to minors are often made by members of staff who have received little or no training.
If you authorise an individual as a DPS or a personal licence holder to sell alcohol on your behalf, did you know that if that individual makes a mistake and sells alcohol to an underage test purchaser you to would be interviewed at the local police station or trading standards office under caution!
An un-authorised sale of alcohol to a minor could land you with an on the spot fine of £80.00.
In some Local Authority areas you can be prosecuted in a Magistrates Court, the maximum fine under the licensing Act 2003 is up to £5,000
In most Local Authority areas two failed test purchases within twelve months will lead to a review of the premises licence before the Licensing Committee. The Licensing Committee have the power to revoke a premises licence or suspend a premises licence for up to three months.
So to answer the question, Do I have to have to hold a personal licence to work in a pub?
Simple; you would do to work in my pub!
What do you think!
DPS Training Courses for the designated premises supervisor
Who is qualification for?
The qualification is ideal for off licence owners, pub managers, night club managers or any person named on a premises licence as the D.P.S. (Designated Premises supervisor).
Clients looking for employment or self-employment as a DPS (Designated Premises Supervisor).
To qualify for the National Diplomia for Designated Premises Supervisors (NDDPS) Level 3 you must already hold a personal licence or a NCPLH Level 2 Certificate or an APLH Level 2 qualification for a Personal Licence Holder. The course is designed to give a nominated DPS more extensive knowledge of their roll as the Designated Premises Supervisor.
The course is aimed at;
Personal licence holders seeking to up grade their qualifications and improve their promotion prospects
Existing Designated Premises Supervisors looking to upgrade their skills and/or have their skills formally recognised
DPS Course Overview
To achieve a recognised training Diploma to help you progress your skills and experience within the licensed retail sector.
DPS Course Summary
The National Diploma for Designated Premises Supervisors (NDDPS) is a qualification that explains in greater detail the responsibilities and skills of a designated premises supervisors in licensed retail premises. The course offers candidates a more in-depth and detailed look at the over all responsibilities of a licensed premises manager rather than focusing on just the licensing laws.
DPS Course Objectives
The Diploma course contains two mandatory units for the National Diploma for Designated Premises Supervisors (NDDPS) Qualification. The Basic Roles and Responsibilities of a DPS in respect of the licensing objectives, and the additional legal and social responsibilities of a DPS operating in either, on-sales, or off-sales licensed premises. The National Diploma for Designated Premises Supervisors is acceptable to all licensing authorities in England and Wales.
DPS Course includes:
Designated Premises Supervisor
Responsibility of the DPS to carry out a risk a risk assessment in respect of the licensing objectives
Measures that promote the four licensing objectives
Guidance issued under the Licensing Act 2003
Health and safety responsibilities of the DPS
Food safety responsibilities of the DPS
Weights and measures and consumer protection
Tobacco, smoking, solvents, videos and smuggled alcohol and tobacco
Young persons
Consumption on or near the premises
Entertainments that are not 'licensable activities
Equal opportunities
Dealing with problems
Duration: 1 day course
Max Delegates: 6
Level 3.
Awarded by Education Development International. (EDI)
TELEPHONE 0845 388 5472 for available training dates and further details.
Monday, 15 August 2011
APLH course book FREE download
The old NCPLH qualifcation has changed and so has the course book. The new licensing qualifcation is now known as the APLH (Award for Personal Licence Holders - Level 2) You can now obain an updated version in a downloadable format.
APLH course book FREE download. We keep being asked can we get a free course book or a download of it from any of PLT's websites so here we go! A FREE COPY for all our clients of our latest APLH licence training course book. You need Adobe reader to download as the APLH course book is in PDF format.
Download Free APLH course book
Get Adobe Reader
If you would like to order a hard back copy for as little as £10.00 please call our head office on;
Tel: 0845 388 5472
Happy reading!
APLH course book FREE download. We keep being asked can we get a free course book or a download of it from any of PLT's websites so here we go! A FREE COPY for all our clients of our latest APLH licence training course book. You need Adobe reader to download as the APLH course book is in PDF format.
Download Free APLH course book
Get Adobe Reader
If you would like to order a hard back copy for as little as £10.00 please call our head office on;
Tel: 0845 388 5472
Happy reading!
What is a premises licence review?
What is a premises licence review?
The Licensing Act 2003 (“the Act”) sets out a procedure whereby a responsible authority or interested party can may make an application to the Local Councils Licensing Authority for the review of a premises licence or club premises certificate because of a matter arising at the premises in connection with any of the four licensing objectives.
The Statutory Guidance issued by the Secretary of State in accordance with the Act (“the Guidance”) considers that the procedures to allow a review of a licence represent a key protection for a community where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring.
It should be noted that the Guidance recognises that the promotion of the licensing objectives relies heavily on a partnership between licence holders, authorised persons, interested parties and responsible authorities in pursuit of common aims. It is considered good practice for authorised persons and responsible authorities to give licence holders early warning of their concerns about problems identified at the premises concerned and of the need for improvement. It is expected that a failure to respond to such warnings would lead to a decision to request a review.
Similarly, in the case of interested parties, consideration should be given to whether their concerns could be effectively dealt with outside of the formal review process. Such steps could include:
•Talking with the licence or certificate holder to establish whether there are any steps they may be willing to take to rectify the situation.
•Asking the Licensing Section to talk to the licence holder on your behalf.
•Ask your local MP or Councillor to speak to the licence holder on your behalf.
•Talking to the relevant “responsible authority” (e.g. public protection in relation to noise nuisance or the police in relation to crime and disorder) to establish whether there is other action that can be taken to resolve the problem.
Who can make an application for a review?
The Act specifies that only responsible authorities or interested parties may seek a review of a premises licence and in the case of club premises certificate, this will also include members of the club.
The responsible authorities are:
•The Chief Officer of Police
•The Fire Authority
•The local enforcement agency for the Health & Safety at Work etc Act 1974 (either the local authority in some cases or Health and Safety Executive for others)
•Environmental Health
•Trading Standards
•The Planning Authority
•Social Services.
Note: In relation to a vessel only, responsible authorities will include navigation authorities within the meaning of Section 221(1) of the Water Resources Act 1991 which are:
•The Environmental Agency, the British Waterways Board, and the Maritime and Coastguard Agency
Interested parties are defined as:
•A person living in the vicinity of the premises in question
•A body representing persons living in that vicinity
•A person involved in a business in the vicinity of the premises in question
•A body representing persons involved in such businesses
•A member of a relevant licensing authority
There is no clear definition of what “in the vicinity” means but the Guidance indicates that Licensing Authorities, when making a decision as to whether an individual or body qualifies as an interested party, may look at whether a party is likely to be directly affected by disorder or nuisance occurring or potentially occurring from either inside or immediately outside the premises for which an application is being made.
What are the licensing objectives?
•The prevention of crime and disorder
•Public safety
•The protection of children from harm
•The prevention of public nuisance
Note: The licensing objectives are of equal importance
How can an application for review be made?
Any applicant for the review of a premises licence or club premises certificate must fully complete the prescribed application form and send it to the Licensing Authority. On the same day as the application is served on the Licensing Authority, the applicant must send copies of the application to all of the responsible authorities and the holder of the licence or certificate.
See the links below for a copy of the application form, guidance issued by DCMS (Department of Culture, Media and Sport) for interested parties and contact addresses for the responsible authorities or apply online at the link below.
•Application for a review of a premises licence
This information can also be downloaded from the DCMS website.
What happens when an application is made?
The Licensing Authority must first consider whether the reasons for the review are relevant to one or more of the licensing objectives. Secondly, in the case of an application from an interested party, the Licensing Authority must be satisfied that the application is not frivolous, vexatious or repetitious.
As a general guide:
•Frivolous and vexatious
“Frivolous” or “vexatious” will bear their ordinary meaning. For example, the Licensing Authority might find the representations were vexatious if they arise because of disputes between rival businesses or frivolous if they clearly lacked seriousness.
•Repetitious
A “repetitious” representation is one that is identical or substantially similar to:
◦A ground for review in an earlier application, which has already been determined
◦Representations considered by the Licensing Authority when the premises licence was first granted
◦Representations made when the application for the licence was first made and were excluded because of the prior issue of a provisional statement
In addition to the above grounds, a reasonable interval has not elapsed since any earlier review or the grant of a licence.
The review process is not intended to be used simply as a second bite of the cherry following the failure of representations to persuade the Licensing Authority on earlier occasions. It is for the Licensing Authority to judge what should be regarded as a “reasonable interval” in these circumstances. However, the Guidance suggests that more than one review from an interested party should not be permitted within a period of twelve months on similar grounds, save in compelling circumstances (e.g. where new problems have arisen) or where it arises following a closure order.
What happens if the review application is considered relevant?
The Licensing Authority will make arrangements for the display of a notice of the application for review of the licence or certificate as follows:
•Depending on the circumstances, a notice shall be prominently displayed at, on or near the site of the premises so that it can conveniently be read from the exterior of the premises by the public;
•At the Local Council's office in a central and conspicuous place; and
•On the City Council’s Website
The notice is required to be displayed for a period of 28 days (or, in the case of a review following a closure order by the Police, 7 days), during which time, any responsible authority or interested party may make a representation concerning the application.
Where should representations be sent?
Any representations from an interested party or responsible authority must be in writing and include details of the party’s full name and address. They should be sent to:
The Licensing Manager
The relevent Council;s Licensing Authority where the premises is situated
Licensing Section of the council to where the review is to take place
Representations must be received by the Licensing Section no later than the last date specified in the notice, as the Act does not allow the Licensing Authority to consider late representations.
How is the application considered?
Copies of any representations received will be sent to the holder of the premises licence or club premises certificate in respect of which the application has been made and arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and representations. Hearings will take place in public, although the Sub-Committee may, in certain instances, decide that it is in the best interest of the public to hold the hearings in private.
The details of all representations (including any interested parties’ names and addresses) will be included in a report that will be prepared by officers from the Licensing Section. These reports are public documents and the Council is required to publish them.
The applicant for the review, the holder of the licence or certificate, any responsible authorities and/or interested parties will be invited to attend the hearing. Any party to the proceedings will be able to be assisted or represented by any person at the hearing, regardless of whether or not that person is legally qualified. Personal licence training have a team of licensing experts who can help with licence reviews.
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to all those involved at least 10 working days before the day of the hearing.
The applicant for review, any interested parties and responsible authorities must give notice to the Licensing Authority at least 5 working days before the start of the hearing stating:
•Whether they will attend the hearing in person
•Whether they will be represented by someone else (e.g. lawyer / councillor / MP)
•Whether you think a hearing is unnecessary (if, for example, parties have reached an agreement before the formal hearing)
•Any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.
Can an application or representations be withdrawn?
Yes, an application for review of a licence or any representations can be withdrawn by way of giving notice to the Licensing Section no later than 24 hours before the day of the hearing or in person on the day of the hearing.
What happens if I do not attend the hearing?
The Licensing Sub-Committee can still consider the application and any representations in the absence of any party.
What action is available to the Licensing Sub-Committee?
The Act sets out what steps the Sub-Committee can take in relation to an application for review of a premises licence or club premises certificate.
The Sub-Committee can either make a decision at the end of hearing or have up to a maximum of 5 days from the day of the hearing, or the last day of the hearing, to come to a decision.
Following consideration of the application, the Sub-Committee may:
•Decide that no action is necessary to promote the licensing objectives
•Modify or add conditions to the licence
•Exclude a licensable activity from the licence
•Remove the designated premises supervisor
•Suspend the licence for a period (not exceeding 3 months)
•Revoke the licence (revoking a premises licence would mean that the applicant could not re-apply for a period of five years)
What action can be taken if an applicant for review, licence holder, responsible authority or interested party is unhappy with the decision of the Licensing Sub-Committee?
If an applicant, licence holder, responsible authority or interested party is aggrieved by the decision of the Sub-Committee, they can appeal against the decision to Portsmouth Magistrates Court within 21 days of receiving written notification of the Sub-Committee’s decision.
Any persons faced with such action are advised to take professional advice prior to any formal proceedings.
You can obtain free advice from Jo Taylor or Dean Carr on our licensing team.
Tel: 0845 388 5472
The Licensing Act 2003 (“the Act”) sets out a procedure whereby a responsible authority or interested party can may make an application to the Local Councils Licensing Authority for the review of a premises licence or club premises certificate because of a matter arising at the premises in connection with any of the four licensing objectives.
- The protection of children from harm
- The prevention of public nuisence
- The prevention of crime and disorder
- The promotion of public safety
The Statutory Guidance issued by the Secretary of State in accordance with the Act (“the Guidance”) considers that the procedures to allow a review of a licence represent a key protection for a community where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring.
It should be noted that the Guidance recognises that the promotion of the licensing objectives relies heavily on a partnership between licence holders, authorised persons, interested parties and responsible authorities in pursuit of common aims. It is considered good practice for authorised persons and responsible authorities to give licence holders early warning of their concerns about problems identified at the premises concerned and of the need for improvement. It is expected that a failure to respond to such warnings would lead to a decision to request a review.
Similarly, in the case of interested parties, consideration should be given to whether their concerns could be effectively dealt with outside of the formal review process. Such steps could include:
•Talking with the licence or certificate holder to establish whether there are any steps they may be willing to take to rectify the situation.
•Asking the Licensing Section to talk to the licence holder on your behalf.
•Ask your local MP or Councillor to speak to the licence holder on your behalf.
•Talking to the relevant “responsible authority” (e.g. public protection in relation to noise nuisance or the police in relation to crime and disorder) to establish whether there is other action that can be taken to resolve the problem.
Who can make an application for a review?
The Act specifies that only responsible authorities or interested parties may seek a review of a premises licence and in the case of club premises certificate, this will also include members of the club.
The responsible authorities are:
•The Chief Officer of Police
•The Fire Authority
•The local enforcement agency for the Health & Safety at Work etc Act 1974 (either the local authority in some cases or Health and Safety Executive for others)
•Environmental Health
•Trading Standards
•The Planning Authority
•Social Services.
Note: In relation to a vessel only, responsible authorities will include navigation authorities within the meaning of Section 221(1) of the Water Resources Act 1991 which are:
•The Environmental Agency, the British Waterways Board, and the Maritime and Coastguard Agency
Interested parties are defined as:
•A person living in the vicinity of the premises in question
•A body representing persons living in that vicinity
•A person involved in a business in the vicinity of the premises in question
•A body representing persons involved in such businesses
•A member of a relevant licensing authority
There is no clear definition of what “in the vicinity” means but the Guidance indicates that Licensing Authorities, when making a decision as to whether an individual or body qualifies as an interested party, may look at whether a party is likely to be directly affected by disorder or nuisance occurring or potentially occurring from either inside or immediately outside the premises for which an application is being made.
What are the licensing objectives?
•The prevention of crime and disorder
•Public safety
•The protection of children from harm
•The prevention of public nuisance
Note: The licensing objectives are of equal importance
How can an application for review be made?
Any applicant for the review of a premises licence or club premises certificate must fully complete the prescribed application form and send it to the Licensing Authority. On the same day as the application is served on the Licensing Authority, the applicant must send copies of the application to all of the responsible authorities and the holder of the licence or certificate.
See the links below for a copy of the application form, guidance issued by DCMS (Department of Culture, Media and Sport) for interested parties and contact addresses for the responsible authorities or apply online at the link below.
•Application for a review of a premises licence
This information can also be downloaded from the DCMS website.
What happens when an application is made?
The Licensing Authority must first consider whether the reasons for the review are relevant to one or more of the licensing objectives. Secondly, in the case of an application from an interested party, the Licensing Authority must be satisfied that the application is not frivolous, vexatious or repetitious.
As a general guide:
•Frivolous and vexatious
“Frivolous” or “vexatious” will bear their ordinary meaning. For example, the Licensing Authority might find the representations were vexatious if they arise because of disputes between rival businesses or frivolous if they clearly lacked seriousness.
•Repetitious
A “repetitious” representation is one that is identical or substantially similar to:
◦A ground for review in an earlier application, which has already been determined
◦Representations considered by the Licensing Authority when the premises licence was first granted
◦Representations made when the application for the licence was first made and were excluded because of the prior issue of a provisional statement
In addition to the above grounds, a reasonable interval has not elapsed since any earlier review or the grant of a licence.
The review process is not intended to be used simply as a second bite of the cherry following the failure of representations to persuade the Licensing Authority on earlier occasions. It is for the Licensing Authority to judge what should be regarded as a “reasonable interval” in these circumstances. However, the Guidance suggests that more than one review from an interested party should not be permitted within a period of twelve months on similar grounds, save in compelling circumstances (e.g. where new problems have arisen) or where it arises following a closure order.
What happens if the review application is considered relevant?
The Licensing Authority will make arrangements for the display of a notice of the application for review of the licence or certificate as follows:
•Depending on the circumstances, a notice shall be prominently displayed at, on or near the site of the premises so that it can conveniently be read from the exterior of the premises by the public;
•At the Local Council's office in a central and conspicuous place; and
•On the City Council’s Website
The notice is required to be displayed for a period of 28 days (or, in the case of a review following a closure order by the Police, 7 days), during which time, any responsible authority or interested party may make a representation concerning the application.
Where should representations be sent?
Any representations from an interested party or responsible authority must be in writing and include details of the party’s full name and address. They should be sent to:
The Licensing Manager
The relevent Council;s Licensing Authority where the premises is situated
Licensing Section of the council to where the review is to take place
Representations must be received by the Licensing Section no later than the last date specified in the notice, as the Act does not allow the Licensing Authority to consider late representations.
How is the application considered?
Copies of any representations received will be sent to the holder of the premises licence or club premises certificate in respect of which the application has been made and arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and representations. Hearings will take place in public, although the Sub-Committee may, in certain instances, decide that it is in the best interest of the public to hold the hearings in private.
The details of all representations (including any interested parties’ names and addresses) will be included in a report that will be prepared by officers from the Licensing Section. These reports are public documents and the Council is required to publish them.
The applicant for the review, the holder of the licence or certificate, any responsible authorities and/or interested parties will be invited to attend the hearing. Any party to the proceedings will be able to be assisted or represented by any person at the hearing, regardless of whether or not that person is legally qualified. Personal licence training have a team of licensing experts who can help with licence reviews.
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to all those involved at least 10 working days before the day of the hearing.
The applicant for review, any interested parties and responsible authorities must give notice to the Licensing Authority at least 5 working days before the start of the hearing stating:
•Whether they will attend the hearing in person
•Whether they will be represented by someone else (e.g. lawyer / councillor / MP)
•Whether you think a hearing is unnecessary (if, for example, parties have reached an agreement before the formal hearing)
•Any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.
Can an application or representations be withdrawn?
Yes, an application for review of a licence or any representations can be withdrawn by way of giving notice to the Licensing Section no later than 24 hours before the day of the hearing or in person on the day of the hearing.
What happens if I do not attend the hearing?
The Licensing Sub-Committee can still consider the application and any representations in the absence of any party.
What action is available to the Licensing Sub-Committee?
The Act sets out what steps the Sub-Committee can take in relation to an application for review of a premises licence or club premises certificate.
The Sub-Committee can either make a decision at the end of hearing or have up to a maximum of 5 days from the day of the hearing, or the last day of the hearing, to come to a decision.
Following consideration of the application, the Sub-Committee may:
•Decide that no action is necessary to promote the licensing objectives
•Modify or add conditions to the licence
•Exclude a licensable activity from the licence
•Remove the designated premises supervisor
•Suspend the licence for a period (not exceeding 3 months)
•Revoke the licence (revoking a premises licence would mean that the applicant could not re-apply for a period of five years)
What action can be taken if an applicant for review, licence holder, responsible authority or interested party is unhappy with the decision of the Licensing Sub-Committee?
If an applicant, licence holder, responsible authority or interested party is aggrieved by the decision of the Sub-Committee, they can appeal against the decision to Portsmouth Magistrates Court within 21 days of receiving written notification of the Sub-Committee’s decision.
Any persons faced with such action are advised to take professional advice prior to any formal proceedings.
You can obtain free advice from Jo Taylor or Dean Carr on our licensing team.
Tel: 0845 388 5472
find a personal licence course
Looking to find a personal licence course in your area, personal licence training Ltd offer over 120 personal licence courses every month in locations all over England, Wales and Scotland for both the APLH and SCPLH licensing qualification. To find a personal licence course in your locallity simply give us a call or check out our websites for personal licence course dates.
Tel: 0845 388 5472
You can also fine up dates and news on licensing law at http://www.alcohollicence.org/
Tel: 0845 388 5472
You can also fine up dates and news on licensing law at http://www.alcohollicence.org/
Saturday, 13 August 2011
Fake UK Driving Licence Warning to Retailers
RETAILERS DO YOU KNOW WHAT TO LOOK FOR?
This is a typical example of fake ID cards available from the Internet, at a glance they look real to avoid excepting fake ID cards retailers are urged to follow these simple rules;- Challenge 25 (if a person looks under 25 always ask to see some form of identification before selling any age restricted product including alcohol and cigarettes).
- Always take the card or form of identification offered to you and check it.
- Check the holograms are genuine.
- Check both sides of the card or identification offered to you.
- Check the date of birth (in the United Kingdom an individual can hold a provision driving licence at 16 years old for a moped).
- Remember the 18 year rule (2011 minus 18 years = today's date 1993)
- Check the photograph (ensure it is the person in front of you! remember people do lend id cards)
- If your unsure always refuse the sale.
- Remember there is an on the spot fine of £80.00 for the person making the sale followed by an interview under caution.
- Remember the fine could be up to £5,000 for an un-authorised sale of alcohol to a person under the age of 18.
Issue by Personal licence Training Limited
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