Licensing Law

What is the primary legislation governing alcohol licensing in the UK?

• AThe Licensing Act 2023
• BThe Licensing Act 2003✓
• CThe Alcohol Standards Act 2010
• DThe Licensing Regulations 2005

Answer: The Licensing Act 2003 is the main piece of legislation that governs the sale and supply of alcohol in England and Wales. It established the licensing objectives and the system of personal and premises licences.

How many licensing objectives are there under the Licensing Act 2003?

• A2
• B3
• C4✓
• D5

Answer: There are four licensing objectives: (1) Prevention of crime and disorder, (2) Public safety, (3) Prevention of public nuisance, and (4) Protection of children from harm.

Which of the following is NOT a licensing objective under the Licensing Act 2003?

• APrevention of crime and disorder
• BEnvironmental protection✓
• CProtection of children from harm
• DPublic safety of customers, staff and visitors

Answer: Environmental protection is not a licensing objective. The four objectives are: prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm.

What is the role of the licensing authority?

• ATo issue personal licences only, with no role in premises applications or reviews
• BTo manage all bars and pubs
• CTo enforce tax collection
• DTo grant, vary, and review licences for premises in their area✓

Answer: The licensing authority (usually the local council) is responsible for granting premises licences, varying them, reviewing them, and taking action against premises that breach their licensing conditions.

What is a Personal Licence?

• AA licence that allows an individual to sell alcohol in any licensed premises✓
• BA licence issued only to breweries and distilleries that produce alcohol for wholesale supply
• CA temporary licence lasting three months which must then be renewed by the licensing authority
• DA licence to run a specific pub

Answer: A Personal Licence is issued to an individual and allows them to sell alcohol on behalf of a licensed premises. It is not tied to a specific premises and allows the holder to work in any licensed establishment.

How long is a Personal Licence valid for?

• A3 years, after which a renewal fee must be paid to the licensing authority
• BIndefinitely✓
• C1 year, renewed each time the designated premises supervisor changes
• D5 years, subject to a fresh criminal record check at each renewal

Answer: Under the Licensing Act 2003 as amended by the Deregulation Act 2015, a Personal Licence is now valid indefinitely from the date of issue. Prior to April 2015, personal licences were valid for 10 years, but this requirement was removed to reduce unnecessary bureaucracy.

What is a Premises Licence?

• AA licence issued to individuals
• BA licence that covers a specific establishment where alcohol is sold✓
• CA temporary licence
• DA wholesale licence only

Answer: A Premises Licence is issued for a specific building or location where alcohol is sold, such as a pub, bar, or off-licence. It sets out conditions specific to that premises.

What is the Designated Premises Supervisor (DPS)?

• AA temporary position lasting six months that rotates between all staff who hold a personal licence
• BThe person responsible for ensuring the premises complies with licensing conditions✓
• CThe owner of the premises
• DOnly required for large pubs

Answer: The DPS is a named person with a Personal Licence who has day-to-day responsibility for ensuring the premises operates in accordance with the Premises Licence and its conditions.

What is a Temporary Event Notice (TEN)?

• AAn annual permit issued to off-licences allowing sales for consumption away from the premises
• BA licence granted to permanent premises for an unlimited period once the building has been inspected
• CA permission to sell alcohol at a temporary event without a full licence✓
• DA personal licence for new applicants

Answer: A TEN is a short-term permission allowing alcohol sales at temporary events (such as festivals or private parties) without requiring a full premises licence. There are usually limits on the number of TENs in a year.

How many TENs can a premises issue in a calendar year?

• AUnlimited, provided each event is notified to the licensing authority in advance
• B5 TENs, and no more than one in any single calendar month
• CUp to 15 TENs✓
• D12 TENs, each of which may last no longer than 24 hours

Answer: A premises can issue up to 15 TENs per premises per calendar year. This limit was increased from 12 to 15 in 2016 to better support businesses with temporary event needs, while still ensuring TENs remain for genuinely temporary events and don't become a way to avoid premises licensing.

What is a Club Premises Licence?

• AA temporary personal licence
• BA licence for off-licences only
• CA licence allowing an established club to supply alcohol to members without a premises licence✓
• DA licence for any pub

Answer: A Club Premises Licence allows an established club to supply alcohol to members without needing to hold a premises licence. The club must have existed for at least 3 months and have a membership.

Can a personal licence holder work in any venue that sells alcohol?

• AYes, in any premises with a premises licence✓
• BOnly in off-licences
• COnly with permission from the licensing authority
• DOnly in pubs and bars

Answer: Yes, a personal licence holder can work in any premises that has a valid premises licence, including pubs, bars, restaurants, hotels, off-licences, and clubs (subject to the club's specific rules).

What is a licensing conditions appeal?

• AA temporary suspension of a licence imposed automatically while the authority investigates
• BA complaint from the public
• CA formal request to change or remove conditions on a licence✓
• DAn annual review of all licences

Answer: A licensing conditions appeal (or application to vary a licence) is a formal process where a licence holder can request changes to the conditions attached to their licence, which must be approved by the licensing authority.

What is a premises licence review?

• AA monthly inspection of the premises carried out by the licensing authority to check that its conditions are still being met
• BA formal process where the licensing authority reconsiders the licence based on the licensing objectives✓
• CAn annual check completed by the owner and sent to the licensing authority confirming that trading has continued unchanged
• DA personal licence renewal

Answer: A licence review is a formal process initiated by the licensing authority or interested parties where the conditions of a premises licence are reconsidered based on evidence relating to the licensing objectives.

Who can apply for a personal licence?

• AOnly pub owners
• BAnyone without certain criminal convictions who is at least 18 and has held a valid personal licence before✓
• CAnyone over 18 who has completed an approved training course, regardless of any previous criminal convictions
• DOnly full-time employees

Answer: You must be 18 or over and not subject to disqualification (due to criminal convictions, immigration issues, or having a personal licence revoked). Generally, you do NOT need to have held a licence before.

What is the cost of applying for a personal licence?

• A£10
• B£100
• CFree
• D£37✓

Answer: The standard application fee for a personal licence is £37 (as of recent regulations). This fee is set by the licensing authority and may vary slightly in some regions.

How long does it take to process a personal licence application?

• A7 days, as the licensing authority must reach its decision within a week
• B30 days, after which the application is treated as automatically granted
• C14 days from the date on which the police receive their copy of the application
• DIt can take several weeks✓

Answer: Licensing authorities typically have 15 working days to determine a personal licence application, but this can extend if there are representations or objections. Processing times vary by council.

What is a 'relevant person' in relation to licensing?

• AThe owner of the premises, or the person named on the deeds, who alone may make representations about a licence application
• BA person with a direct interest in a premises licence application (e.g., a resident or environmental health officer)✓
• CAny customer
• DAny police officer

Answer: A relevant person is anyone with a direct interest in a licensing matter, such as a resident near the premises, local police, environmental health, or the licensing authority itself. They can make representations on applications.

What are the operating hours of a licensed premises determined by?

• AThe terms of the premises licence and any local alcohol licensing policy✓
• BAlways 9 am to 11 pm, unless the premises applies for an extension from the police
• CThe licensing authority only, which sets identical trading hours for every premises in the district
• DThe police only

Answer: Operating hours are determined by the conditions in the premises licence, which are set by the licensing authority considering the licensing objectives and any local alcohol policy.

What is a 'supply of alcohol' under the Licensing Act 2003?

• AOnly alcohol sold for profit at premises that also serve food
• BSelling or giving alcohol to another person✓
• COnly sales made in pubs and bars, and not those made in shops or supermarkets
• DSelling alcohol only to customers who are already inside the premises

Answer: Supply includes both selling and giving alcohol to another person. Even supplying alcohol free of charge can require a licence under certain circumstances.

What types of alcohol require a licence to sell?

• AAll alcoholic drinks including spirits, beer, wine, and cider✓
• BOnly for on-premises consumption
• COnly drinks over 20% ABV
• DBeer and wine only

Answer: All types of alcohol above 0.5% ABV require a licence to sell, including beer, wine, spirits, cider, perry, and other alcoholic beverages, whether for on or off-premises consumption.

Can you refuse to serve alcohol to an adult customer without giving a reason?

• AOnly if they're buying for a minor
• BOnly if they're visibly drunk
• CNo, you must always give the customer a written reason for refusing service
• DYes, as it is your right to refuse service✓

Answer: While you have the right to refuse service, best practice and many policies require you to have a valid reason, particularly to prevent discrimination. Common reasons include age, intoxication, or anti-social behaviour.

What is the minimum age for a personal licence holder in the UK?

• A17 years old
• B18 years old✓
• C21 years old
• D16 years old

Answer: The minimum age for a personal licence holder is 18 years old. Anyone under 18 cannot hold a personal licence to sell alcohol.

What happens if a Designated Premises Supervisor leaves their position?

• AA new personal licence is automatically issued to the next most senior member of bar staff
• BThe premises must close immediately
• CThe premises can continue trading indefinitely without a DPS, provided a personal licence holder is on site
• DThe premises must notify the licensing authority and appoint a new DPS✓

Answer: If a DPS leaves, the premises must notify the licensing authority within 14 days. The premises can continue operating with a temporary breach period, but a new DPS must be appointed.

What is 'off-premises' alcohol sales?

• ASales made to members of staff only, at a discounted price set by the licence holder
• BSales from a location away from the premises licence, e.g., to take home✓
• CSales of alcohol in pubs and bars for drinking at the counter or at a table
• DIllegal sales made without any premises licence or temporary event notice in place

Answer: Off-premises sales (or off-sales) are sales of alcohol for consumption away from the premises, such as in an off-licence, supermarket, or takeaway. This contrasts with on-premises sales (pubs, bars, restaurants).

What is the maximum number of hours a premises can be licensed to open per day?

• ANo maximum - licensing hours are decided per premises
• B24 hours✓
• C16 hours
• D12 hours

Answer: The Licensing Act 2003 abolished the old fixed permitted hours, so there is no standard closing time and each premises is granted the hours set out in its licence. The most any premises can be licensed for in a single day is therefore 24 hours, and a licensing authority can grant that where it is satisfied the licensing objectives are met, though most premises operate well within it.

Can a personal licence holder be refused permission to work at a premises?

• AOnly if the owner says so
• BOnly by the police
• CYes, if there is good reason related to the licensing objectives✓
• DNo, a personal licence holder is entitled to work at any licensed premises they choose

Answer: While a personal licence holder can generally work at any licensed premises, the premises can refuse to employ them, and the licensing authority can take action if they believe the person poses a risk to the licensing objectives.

What is a 'licensing breach'?

• AA complaint made by a customer that the premises has failed to investigate
• BWhen a pub closes earlier than the hours shown on its premises licence
• CFailure to comply with conditions of a licence✓
• DA routine inspection of the premises carried out by health and safety officers

Answer: A licensing breach occurs when a premises or licence holder fails to comply with the conditions of their licence or the requirements of the Licensing Act 2003.

What are the penalties for selling alcohol without a licence?

• AClosure of the premises only, with no fine or imprisonment available
• BUp to 6 months imprisonment and/or unlimited fines✓
• CA small fine of £50
• DA written warning from the police, with prosecution only if it happens again

Answer: Selling alcohol without a licence is a serious offence that can result in up to 6 months imprisonment and unlimited fines. The actual penalty depends on the circumstances and any previous offences.

What can happen if a personal licence is revoked?

• AYou may reapply immediately and the authority must grant the new application
• BYou can still sell alcohol
• CYou cannot work in alcohol sales for a specified period✓
• DIt is only a temporary measure and the licence is restored automatically after 28 days

Answer: If a personal licence is revoked, the holder may be disqualified from holding a personal licence for a set period. The length of disqualification depends on the reason for revocation.

What is 'unlicensed trading'?

• ATrading without a valid licence
• BTrading with an expired licence
• CSelling alcohol without authorization
• DAll of the above✓

Answer: Unlicensed trading refers to any sale or supply of alcohol without a valid and appropriate licence, whether that's no licence, an expired licence, or trading in breach of licensing conditions.

Who is responsible for ensuring a premises complies with its licence?

• AEnvironmental health only
• BThe licensing authority and the licence holder, including the DPS✓
• CThe owner only
• DThe police only, who are responsible for checking compliance at every licensed premises

Answer: Both the licence holder and the Designated Premises Supervisor are responsible for ensuring the premises complies with its licence. The licensing authority and police also enforce compliance.

What is a 'cumulative impact assessment'?

• AA staff training record
• BAn assessment of customers
• CA financial audit
• DAn assessment of how existing premises affect the licensing objectives in an area✓

Answer: A cumulative impact assessment is a local policy tool where licensing authorities assess the cumulative effect of licensed premises in an area on the licensing objectives, which can be used to restrict new licences.

What must a premises do if it wants to change its licence type?

• AApply to vary the licence with the licensing authority✓
• BNotify the police
• CApply for a new personal licence, which automatically updates the premises licence
• DSimply start trading differently, as a premises may change how it trades at will

Answer: Changes to a licence, such as changing its type or conditions, require an application to vary the licence. This is submitted to the licensing authority for approval.

How often must a personal licence be renewed?

• AEvery 5 years, on payment of a renewal fee
• BAnnually, at the same time as the premises licence
• CNo renewal required✓
• DEvery 3 years, following a fresh criminal record check

Answer: Since the Deregulation Act 2015 (effective April 2015), personal licences no longer expire and do not require renewal. Previously, they were valid for 10 years, but this requirement was abolished to reduce administrative burden on licence holders.

What is the licensing system called in Scotland and Northern Ireland?

• AExactly the same Licensing Act 2003 applies across the whole United Kingdom
• BAlcohol may be sold without a licence of any kind in Scotland and Northern Ireland
• CDifferent systems with different legislation✓
• DBoth are managed centrally by the UK government rather than by local councils

Answer: Scotland and Northern Ireland have their own separate licensing legislation (not the 2003 Act), though the principles are broadly similar. This APLH qualification is primarily for England and Wales.

Can a premises appeal against a decision to revoke its licence?

• ANo appeal is possible once the licensing authority has made its decision
• BYes, through a magistrate's court✓
• CYes, but only by applying to the Crown Court within 30 days of the decision
• DOnly where the licence holder can show that the authority made a legal error

Answer: Yes, a premises can appeal against licence revocation to the magistrate's court within 21 days of the decision. The court can uphold or overturn the decision.

What is the role of environmental health in licensing?

• AOutside licensing altogether
• BCan make representations on licence applications and conduct inspections related to health and safety✓
• COnly issues fines
• DOnly inspects food

Answer: Environmental health officers can make representations on licence applications and conduct inspections related to health, safety, and sanitation, supporting the public safety licensing objective.

What is a 'condition' on a licence?

• AA requirement of the premises
• BA rule that the licence holder must follow
• CBoth A and B✓
• DOptional guidance only

Answer: A condition is a mandatory requirement attached to a licence that the holder must comply with. Breach of conditions can result in enforcement action including licence suspension or revocation.

Who appoints the Designated Premises Supervisor?

• AThe police, who nominate a suitable person at each licensed premises
• BThe premises owner and/or licence holder✓
• CThe licensing authority, which selects a supervisor from its approved list
• DThe DPS applies for their own position directly to the magistrates' court

Answer: The premises owner/licence holder appoints the Designated Premises Supervisor, but this appointment must be notified to and accepted by the licensing authority.