The M
e t a project brings together music makers and workers across the British Isles!
LICENSING
INFORMATION
FOR MUSICIANS
& VENUES
by Dave Cross
The 2003 Licensing Act affects most people working in the Arts in England and Wales.
Licensing Sylabus for Personal Licence Holders
The Government published details of the syllabus for the new personal licence qualification in July 2003.
This document is taken from the syllabus published at that time.
The syllabus outlines a framework of subjects that courses must cover in order for the resulting qualification to gain accreditation.
A person who holds an accredited qualification will satisfy one of the conditions necessary to obtain a personal licence.
Under the Licensing Act 2003, those applying for a personal licence will need to have an accredited licensing qualification.
(Note 1.)
The aim of the licensing qualification is to ensure licence holders are aware of licensing law
and the wider social responsibilities attached to the sale of alcohol.
The Licensing Act stipulates that any supply of alcohol made under a premises licence must be made or authorised by a personal licence holder.
In addition to this, a designated premises supervisor, who has overall responsibility for the supply, must be named on the premises licence.
Each designated premises supervisor must hold a personal licence.
All qualifications will need to be accredited by the Secretary of State and be awarded by similarly accredited bodies.
Topics outlined in the syllabus include:
· licensing authorities
· personal licences
· alcohol
· unauthorised licensable activities
· Police powers
· duties of the personal licence holder
· premises licenses
· operating schedules
· permitted temporary activities
· disorderly conduct on licensed premises
· protection of children
· rights of entry
Those who currently hold a justice's licence may, during the transition period, take advantage of provisions in the Licensing Act which mean that they may apply for and,
providing certain criteria are fulfilled, obtain a personal licence without having to possess a licensing qualification.
Notes :
1 Under the Licensing Act, the Secretary of State has the power to exempt specified groups - or persons of prescribed prescription -
from the requirement to obtain an accredited personal licence qualification in order to obtain a personal licence.
· Accreditation will be at the Secretary of State's discretion. However, the Secretary of State expects to accredit qualifications and awarding bodies accredited by
the Qualifications and Curriculum Authority (QCA) or the Qualifications Curriculum and Assessment Authority for Wales (ACCAC) and possibly others.
· Provisions in the Licensing Act enabling holders of justices' licences to apply for a personal licence without holding a personal licence qualification
recognises that these individuals will already have appeared in court and satisfied the "fit and proper person" test.
Their applications under the transitional provisions can only be refused where the applicant has been convicted of a relevant or foreign offence and
the police believe that the exceptional circumstances of the case are such that granting the licence would undermine the crime prevention objective.
The licensing authority must hold a hearing to consider this, except where all parties agree it is not necessary. The licensing authority may then reject the application
if it considers it necessary for crime prevention.
· Personal licences will need to be renewed every ten years.
The full personal licence syllabus is as follows:
Personal Licences
What They Are
What They Entitle The Holder To Do
Period of Validity
Who Grants Them
Licensing Authorities
What They Are
How They Work
Licensing Objectives -
What They Are
Functions of licensing authorities
Importance of Partnerships
Role of Crime Reduction Partnerships
Licensing policies
Hearings
Appeals
Personal Licences
Procedures for Application
Criteria for New and Renewal
Determination of Application
Persons Disqualified From
Penalty for Selling Without
Convictions During Application and After Grant or Renewal
Relevant Offences
Forfeiture or Suspension of Licence on Conviction
Penalty for Breach
Alcohol
Definition of Supply of Alcohol
Premises To Which The Definition Applies
Wholesale and Retail Sales
Nature of
Strength of Intoxicating Drinks
Alcohol in The Body etc
Unauthorised Licensable Activities
Unauthorised Sales
Defence of Due Diligence
Penalties for Breach
Police Powers
Suspension and Closures
Antisocial Behaviour Bill – EHO powers of closure (to be inserted when legislative programme complete)
Duties of The Personal Licence Holder
Notification of Convictions
Changes in Name and/or Address
Production of Licence to Authorised Personnel
Penalties for Breach
Premises Licences
What They Are
Licensable Activities and What They Are
Definition of Regulated Entertainment
Role of Designated Premises Supervisor
Need for Risk Assessment as DPS
Awareness and prevention of crime, disorder and anti-social behaviour in and around licensed premises
Operating Schedules
What They Are
What They Should Include
Children In Licensed Premises
Permitted Temporary Activities
Definition
Frequency
Police Objections
Disorderly Conduct on Licensed Premises
Rights and Duties of Authorised Person
Illegal Drugs
Relevant Offence of Drink Driving
Prevention of Nuisance
Pubwatch/Retail Watch Schemes
Portman Group - responsible drinks promotions
Consequences of Irresponsible Drinks Promotions
Penalties for Breach
Protection of Children
Sale of Alcohol To and By Young Persons
Proof of Age Cards and Schemes
Consumption of Alcohol By Young Persons
Test Purchasing
Penalties for Breach
Defences
Importance of the Awareness of Other Relevant Legislation Related to the Protection of Children
Rights of Entry
Rights of Entry
Prohibitions
Moving Vehicles
Service Areas etc
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