Personal Licence Holder Duties

Who is the Designated Premises Supervisor (DPS)?

• AA temporary position
• BA person with a personal licence responsible for day-to-day compliance with licensing conditions✓
• CThe owner of the premises
• DAn external supervisor

Answer: The DPS is a named person holding a valid personal licence who has day-to-day responsibility for ensuring the premises operates in compliance with its licence and conditions.

What are the main responsibilities of a DPS?

• AEnsuring compliance with licensing conditions, staff training, managing refusals, and reporting to the licensing authority✓
• BJust pouring drinks
• CUndefined responsibilities
• DOnly cleaning

Answer: DPS responsibilities include ensuring licensing law compliance, training staff, managing refusals of service, handling incidents, maintaining records, and communicating with the licensing authority.

Must every licensed premises have a DPS?

• AIt is optional, and many premises choose not to name one
• BYes, the Licensing Act 2003 requires it✓
• CNo, only premises with a capacity of more than 200 people need one
• DOnly traditional pubs need one; bars and restaurants are exempt

Answer: Yes, every premises with a premises licence must have a named Designated Premises Supervisor holding a valid personal licence.

What happens if the DPS is absent from the premises?

• AIt depends on the licence conditions, but the DPS's duties may be shared with another personal licence holder✓
• BThe premises must close
• CAnyone can run the premises
• DLeaderless premises

Answer: While the DPS is responsible, in their absence another personal licence holder may be designated to act. The licence conditions determine this. The premises cannot operate without appropriate supervision.

What is the penalty for breaching licence conditions?

• AA fine of £10
• BClosure of the premises only, with no fine or prosecution possible
• CA written warning, with no further action for a first breach
• DUp to 6 months imprisonment and/or fines up to £20,000✓

Answer: Breaching licence conditions is a serious offence with penalties up to 6 months imprisonment and/or unlimited fines (up to £20,000 in summary conviction), plus possible licence review.

What must be notified to the licensing authority if the DPS changes?

• AAt the next annual review of the premises licence held by the council
• BOnly if the police specifically ask to be told about the change
• CThe change stays in-house, as the DPS is an internal appointment
• DAn application to vary the licence, sent to the authority and the police✓

Answer: A change of DPS is made by applying to vary the premises licence under s.37, with a copy served on the police, who then have 14 days to object. The new DPS can take effect immediately if that is requested — there is no separate 'notify within 14 days' duty.

What is a 'licensing condition'?

• AA mandatory requirement attached to a licence that must be followed✓
• BOptional guidance issued by the licensing authority that may be ignored
• CA suggestion
• DA recommendation

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

What types of conditions can be attached to a premises licence?

• AConditions promoting any of the four licensing objectives✓
• BConditions can never be added once the licence has been granted
• COnly conditions about the sale of alcohol itself, and nothing else
• DOperating hours only

Answer: Conditions can relate to any of the four licensing objectives, including operating hours, layout, training, refusal policies, CCTV, capacity, and management procedures.

What is a 'standard condition'?

• AA suggested practice
• BOnly for pubs
• CA condition automatically applied to all premises licences by the Secretary of State✓
• DOptional

Answer: Standard conditions are automatically applied to all premises licences and cover issues like access for licensing officers, incident recording, and responsible retailing.

Can a personal licence holder be responsible for an offence even if they weren't present?

• AThe licence holder is always exempt
• BOnly the staff member is liable
• CYes, as DPS or personal licence holder, they can be liable for staff breaches✓
• DNo, only if present

Answer: A personal licence holder, particularly a DPS, can be liable for breaches even if absent if they failed to ensure adequate staff training or supervision.

What must be recorded in a premises incident book?

• ADetails of serious incidents such as violence, injuries, and police involvement✓
• BOnly big incidents
• CAll customer visits
• DIt is entirely optional

Answer: Premises should maintain an incident book recording serious events such as violence, injuries requiring first aid, police attendance, and refusals of service.

What is a 'licence review'?

• AA suggestion
• BA formal process where the licensing authority reconsiders the premises licence based on evidence relating to licensing objectives✓
• COnly for failing premises
• DAn annual profit check

Answer: A licence review is a formal process where the licensing authority (or after representations from interested parties) reconsiders the licence conditions or revokes it if it's breaching licensing objectives.

Who can request a licence review?

• AThe police, licensing authority, council, or any 'interested person' such as residents✓
• BRequests are barred
• COnly breweries
• DOnly the owner

Answer: Licence reviews can be requested by responsible authorities (police, health, safety, trading standards, environmental health) or any interested person (residents, businesses) with evidence of breaches.

What is the maximum penalty for unlicensed trading?

• AUp to 6 months imprisonment and/or unlimited fines✓
• BA written warning issued by the licensing authority for a first offence
• CA fixed penalty notice of £100 issued by the police at the premises
• DA fine of £500 imposed by the licensing authority without a court hearing

Answer: Unlicensed trading (selling alcohol without appropriate licence) is a serious offence with penalties up to 6 months imprisonment and/or unlimited fines.

What training records should a premises keep?

• AOnly for new staff
• BRecords of staff training on licensing law, age verification, refusal skills, and incident handling✓
• CKeep no records
• DManagement training only

Answer: Good practice requires records of all staff training including dates, attendees, topics (age verification, refusal skills, licensing law), and assessment outcomes.

Can a DPS delegate all their responsibilities?

• AYes, but only to the owner of the premises or the licence holder
• BYes, completely, once another member of staff has agreed to take over
• CNo, the DPS remains responsible even if delegating tasks✓
• DOnly on weekends

Answer: The DPS cannot delegate ultimate responsibility. While tasks may be delegated to staff, the DPS remains legally responsible for compliance with licensing conditions.

What should you do if you discover a staff member breaking licensing law?

• AReport it only where the breach is serious enough to lose the licence
• BSay nothing
• CImmediately report to management/DPS and take corrective action✓
• DTell the other members of staff first and agree between you what to say

Answer: Breaches must be reported to management or the DPS immediately so corrective action can be taken. Failure to address breaches can make the DPS liable.

What is a 'license suspension'?

• AThe permanent removal of a licence following a review hearing
• BA written warning issued by the licensing authority to the DPS
• CA temporary stop to the licence, which can be lifted later✓
• DA fine

Answer: Suspension is a temporary removal of the licence (usually for breach of conditions) which can be lifted after the issue is resolved and the licensing authority is satisfied.

What is a 'license revocation'?

• AA cancellation that can only be applied to large premises
• BA written suggestion from the licensing authority about improvements
• CA temporary stop to trading that ends automatically after 28 days
• DA permanent cancellation of the licence✓

Answer: Revocation is the permanent cancellation of a licence, usually due to serious breaches of licensing objectives. The premises can reapply but this process is lengthy.

What are 'representations' in licensing?

• AComplaints from customers
• BSuggestions for improvement
• CA meaningless term
• DFormal objections submitted to the licensing authority during consultation periods✓

Answer: Representations are formal objections or comments submitted by interested parties (residents, police, businesses) during consultation periods on licence applications or reviews.

What must the premises provide to the licensing authority if requested?

• AWithhold everything
• BAccess to records, incident books, training records, and cooperation with investigations✓
• COnly financial records
• DJust the licence copy

Answer: Premises must provide access to records, premises, and staff for the licensing authority to verify compliance with licensing law and conditions.

Can a personal licence holder face criminal charges personally?

• AOnly if drunk
• BImpossible
• CYes, for knowingly breaching licensing law or failing in their duty✓
• DNo, only the company that holds the premises licence can ever be prosecuted

Answer: Yes, personal licence holders (particularly DPS) can face personal criminal liability for breaches, including fines and imprisonment, in addition to licence consequences.

What is 'due diligence' in the context of licensing?

• AMaking an effort to comply only when an inspection has been announced in advance
• BDoing nothing at all
• CMaking reasonable efforts to comply with licensing law and conditions✓
• DRushing through tasks

Answer: Due diligence means making reasonable and proactive efforts to comply with licensing law, including staff training, record-keeping, policy implementation, and management oversight.

What should a premises do if it receives a notice of licence review?

• AJust pay a fine
• BClose the premises
• CImmediately address the issues, gather evidence of compliance, and prepare a response for the hearing✓
• DIgnore it

Answer: A review notice requires the premises to address the issues raised, document compliance improvements, and prepare a defense or response for any licensing hearing.

What is an 'interested party' in a licensing review?

• AThe owner's relatives
• BAny customer
• COnly the police
• DA person with a legitimate interest, such as a resident, business owner, or environmental group✓

Answer: An interested party is anyone with a clear stake in a premises' operation, such as residents (for noise/nuisance), nearby businesses, or environmental groups, who can participate in reviews.

What happens if you fail the APLH exam?

• AYou can retake it after a period (typically 7-28 days)✓
• BYou lose any personal licence you already hold for twelve months
• COnly one attempt is allowed at the examination in any given year
• DYou cannot try again

Answer: If you fail the APLH exam, you can retake it. The waiting period between attempts varies by exam provider, typically 7-28 days.

What is 'disqualification' from holding a personal licence?

• AA legal ban from holding a personal licence due to criminal convictions or other serious reasons✓
• BA temporary suspension
• CJust losing one job
• DAn invented term

Answer: Disqualification is a formal ban from holding a personal licence, usually resulting from serious criminal convictions, or as a result of a licence review finding you unfit.

What criminal convictions would disqualify someone from holding a personal licence?

• ATraffic tickets
• BAny offence
• CSerious offences including violence, drugs, dishonesty, and sex offences✓
• DConvictions are irrelevant, as a criminal record has no bearing on an application

Answer: Certain criminal convictions (especially violence, drugs, dishonesty, and sex offences) can result in disqualification from holding a personal licence.

What is 'immigration disqualification' for personal licence holders?

• AA made-up category
• BOnly for international staff
• CAnyone who is not a UK resident is automatically disqualified from applying
• DCertain immigration statuses may disqualify you from holding a licence✓

Answer: Certain immigration statuses (like not having the right to work in the UK) may disqualify someone from holding a personal licence. Right to work checks are important.

What is the purpose of regular staff meetings in a licensed premises?

• AOnly for complaints
• BJust social gatherings
• CPurposeless
• DTo discuss licensing compliance, share incident information, and ensure staff understanding of policies✓

Answer: Regular staff meetings help communicate licensing requirements, review incidents, discuss refusal policies, and ensure all staff understand their responsibilities.