Licensing Law

What is the 'Licensing Act 2003'?

• AThe main law regulating alcohol sale and supply in the UK✓
• BA law governing the issue and renewal of driving licences in the UK
• CA law that applies only to restaurants which serve hot food to customers
• DA law dealing only with building permits and planning permission

Answer: The Licensing Act 2003 is the primary legislation regulating the sale, supply, and consumption of alcohol in England and Wales. It sets out licensing objectives, premises licenses, and conditions.

What are the four licensing objectives under the Licensing Act 2003?

• APrevention of crime and disorder, public safety, prevention of public nuisance, protection of children from harm✓
• BMaking alcohol accessible to all
• COnly preventing crime
• DMake profit, attract customers, minimise costs, reduce staff

Answer: The four licensing objectives are: 1) Prevention of crime and disorder, 2) Public safety, 3) Prevention of public nuisance, 4) Protection of children from harm. All licensing decisions must promote these.

What is a 'Premises Licence' under the Licensing Act 2003?

• AA food safety certificate
• BA building insurance document
• CA statutory licence allowing a premises to sell/supply alcohol under specified conditions✓
• DGeneral permission from the local council to operate any kind of business at those premises

Answer: A Premises Licence is granted by the local authority (licensing authority) and allows specified activities at a premises, including sale and supply of alcohol, under stated conditions and licensing hours.

What is a 'Personal Licence' under the Licensing Act 2003?

• AA licence held by a named individual authorising them to sell alcohol✓
• BA licence that has nothing at all to do with the sale or supply of alcohol
• CA form of identity document issued to bar staff by their licensing authority
• DA licence that only the managers of a bar are permitted to apply for and hold

Answer: A Personal Licence is held by a named individual and authorises them to sell alcohol at licensed premises. It's personal to that individual and is a requirement for the Designated Premises Supervisor.

What is a 'Designated Premises Supervisor' (DPS)?

• AThe cleaning staff supervisor
• BA named individual with a personal licence responsible for alcohol sales management✓
• CThe owner of the building
• DThe head chef

Answer: The DPS is a named individual with a valid Personal Licence who is responsible for the day-to-day management of alcohol licensing compliance at that specific premises.

Can there be more than one Designated Premises Supervisor at a single premises?

• AIt depends on the size
• BYes, unlimited numbers
• CA maximum of three DPS at any one premises
• DNo, there must be only one named DPS✓

Answer: There can only be one Designated Premises Supervisor named on the Premises Licence at any given time. If they leave, a new DPS must be appointed.

What is a 'Temporary Event Notice' (TEN)?

• AA casual written invitation that is sent out to guests before the event takes place
• BA notice that can only ever be used for small private parties held in a private home
• CAn informal document with no legal standing
• DPermission to hold licensable activities at temporary premises for up to 168 hours✓

Answer: A TEN allows licensable activities (including alcohol supply) at a premises for a temporary period (up to 168 hours), for one-off or occasional events. Limited TENs per person per year.

What is 'responsible alcohol service' (RAS)?

• AServing alcohol responsibly within the law to minimise harm✓
• BSelling only to older customers
• CSelling alcohol to anybody who asks for it, without carrying out any checks
• DServing alcohol without checking anyone's age

Answer: RAS means following the law: checking age, refusing intoxicated persons, refusing sales to pregnant women (though voluntary), following licensing conditions, and preventing underage sales.

What is the legal minimum age to sell alcohol on premises?

• ANo fixed minimum age — but if the seller is under 18, a "responsible person" (aged 18+) must specifically approve each sale✓
• B21 years old
• C16 years old
• D18 years old

Answer: UK law (Licensing Act 2003, section 153) sets no fixed minimum age for the person who sells alcohol. If the seller is under 18, the sale must be specifically approved by a "responsible person" — someone aged 18 or over authorised for that purpose (e.g. the premises licence holder, designated premises supervisor, or another authorised member of staff). Many employers choose not to let under-18s sell alcohol unsupervised as a matter of policy, but that is a business choice, not a legal age floor.

What is the legal minimum age to purchase or consume alcohol on licensed premises?

• A18 years old✓
• BNo age restriction
• C21 years old
• D16 years old

Answer: The legal minimum age to purchase and consume alcohol on licensed premises is 18 years old in the UK. Selling to anyone under 18 is a criminal offence.

What is an 'off-licence'?

• APremises where the staff who serve the alcohol hold no personal licence at all
• BA nightclub that is permitted to stay open long after midnight every night
• CAn alcohol warehouse
• DLicensed premises where alcohol is sold for consumption off the premises✓

Answer: 'Off-licence' refers to premises licensed for sale of alcohol for consumption elsewhere (e.g., bottle shop, supermarket). Contrast with 'on-licence' (pub, club) where drinking is permitted on site.

What is an 'on-licence'?

• ALicensed premises where alcohol is sold for consumption on the premises✓
• BA street licence that is issued for busking and other street performances
• CA temporary permit that is issued to cover one single event only
• DA licence that only restaurants serving hot meals are permitted to hold in the UK

Answer: An 'on-licence' (such as pubs, bars, clubs) is a premises where alcohol can be sold and consumed on the site. On-licences must hold a Premises Licence from the licensing authority.

Can a door supervisor refuse to serve alcohol to a customer?

• AOnly if they're rude
• BYes, if the person is intoxicated, appears underage (ID required), or other legal grounds✓
• CNo, they cannot refuse
• DOnly when the duty manager has given specific permission for that particular refusal

Answer: Door supervisors and staff can and must refuse service if someone is intoxicated, appears underage without valid ID, or if there are concerns under the licensing objectives.

What is the 'Challenge 25' policy?

• AA promotional drinking challenge that the venue runs for customers who are aged over 25
• BA policy that has been withdrawn and is no longer used anywhere in the licensed trade
• CBest practice: if someone looks under 25, ask for valid ID before selling alcohol✓
• DOnly for restaurants

Answer: 'Challenge 25' is best practice guidance to ask for ID if someone appears under 25 years old. This reduces risk of underage sales. Some premises use Challenge 21 or Challenge 30.

What documents can be used as valid proof of age for alcohol sales?

• AA school report card that shows the pupil's full name and date of birth on it
• BPhotocard driving licence, passport, or approved ID card with PASS hologram✓
• CA recent bank statement showing the customer's full name and home address on it
• DAny document at all that happens to have the customer's name printed somewhere on it

Answer: Valid ID includes: UK photocard driving licence, UK or EU passport, or approved ID cards with the PASS hologram (such as PASS cards). No other documents are legally acceptable.

What is the penalty for selling alcohol to someone under 18?

• AThe sale carries no penalty in law
• BOnly a small fine of £50
• CCriminal offence: unlimited fine (no imprisonment provision for this offence)✓
• DOnly a warning

Answer: Selling alcohol to a person under 18 is a criminal offence under section 146 of the Licensing Act 2003. The penalty on summary conviction is a fine only — there is no imprisonment provision for this specific offence. The fine is nominally "level 5 on the standard scale", but the statutory cap on level 5 fines was removed in 2015, so in practice the fine is unlimited.

What is the penalty for purchasing alcohol while underage?

• AThere is no penalty for the young person
• BA fixed penalty fine of £10 payable at the venue
• CCriminal offence: fine up to £1,000✓
• DPrison only

Answer: Purchasing alcohol under age is also a criminal offence with fines up to £1,000. Both the seller and underage buyer can be prosecuted.

What is 'proxy purchasing' of alcohol?

• AA discount on alcohol that is offered to customers who buy several bottles at a time
• BBuying alcohol from an online retailer for delivery to a home address the next day
• CA purchase that only the holder of a personal licence is permitted to make at a bar
• DAn adult buying alcohol on behalf of a minor when the minor cannot buy it themselves✓

Answer: Proxy purchasing is when an adult buys alcohol on behalf of a minor who cannot legally purchase it. This is generally prohibited, though some exceptions exist for licensed adults.

What should a door supervisor do if they suspect someone has a fake ID?

• AAccept it and serve
• BKeep the ID as evidence
• CRefuse entry/service and report to police or licensing authority✓
• DTell them to get a real ID later

Answer: If ID appears fake or altered, refuse service/entry immediately. Document the incident. You can report to local police and licensing authority. Do not accept the ID.

Can a door supervisor request a 'second form of ID'?

• AOnly when the customer happens to be a visitor from another country
• BYes, if you have reasonable doubts about age or authenticity✓
• COnly for door supervisors aged 21+
• DNo, not allowed

Answer: If you have doubts about someone's age or the ID's authenticity, requesting a second form of ID is acceptable practice to confirm identity and age.

What is the legal definition of 'intoxication' for the purpose of refusing service?

• AOnly where the person is visibly staggering as they walk towards the venue entrance
• BHaving consumed any amount of alcohol at all during the course of the same evening
• COnly where the person's speech has become noticeably slurred when they talk to staff
• DBeing visibly affected by alcohol to a degree where judgment/behaviour is impaired✓

Answer: An intoxicated person is one whose judgment and/or behaviour is noticeably impaired by alcohol. Visible signs include slurred speech, poor coordination, mood swings, or aggression.

What should a door supervisor do if a customer is becoming intoxicated at the venue?

• AIgnore them
• BEncourage more drinking
• CKeep serving them alcohol
• DStop serving, offer water/food, monitor, consider refusal of entry to prevent harm✓

Answer: When someone becomes intoxicated, stop alcohol service, offer water and food, monitor for safety, and consider asking them to leave to prevent harm or public nuisance.

What is a 'licensing condition'?

• AThe decoration and the layout that have been chosen for the inside of the licensed premises
• BA specific requirement in the Premises Licence that the licensee must comply with✓
• COptional guidelines
• DOnly about closing time

Answer: Licensing conditions are specific requirements attached to a Premises Licence (e.g., 'All staff must receive RAS training', 'CCTV must be installed'). Non-compliance can result in suspension/revocation.

Can a premises operate outside the licensed hours stated on the Premises Licence?

• ANo, operating outside licensed hours is a breach of the licence✓
• BYes, if the DPS approves
• CYes, the hours shown on the licence are only guidance for the manager
• DYes, but only at weekends and on public bank holidays throughout the year

Answer: Operating outside licensed hours is a breach of the Premises Licence and a criminal offence under the Licensing Act 2003. Premises must strictly observe their licensed trading hours.

What is a 'public nuisance' in the context of Licensing Act 2003?

• AAny customer complaint
• BOnly loud music
• CNoise, disturbance, or other issues that materially affect the neighbourhood✓
• DAnything the owner doesn't like

Answer: Public nuisance includes excessive noise, disturbance, anti-social behaviour, or activities that materially affect the neighbourhood. Licensing authorities can take action against premises causing nuisance.

What is 'crime and disorder' in the context of licensing objectives?

• AAny disagreement of any kind between two customers inside the licensed venue
• BOnly theft
• CCriminal activity and behaviour that threatens public order and safety✓
• DOnly physical violence

Answer: Crime and disorder includes violence, theft, drug dealing, and any criminal activity that threatens public safety. Premises must have policies to prevent crime.

What measures can a premises take to prevent crime and disorder?

• ACrime prevention is entirely a police responsibility
• BSimply locking the front door of the venue once it has reached its permitted capacity
• CCCTV, security staff, incident recording, staff training, refusing service to troublemakers✓
• DCalling the police out to every incident that happens, however minor it may turn out to be

Answer: Premises must have crime prevention measures including: CCTV, door supervisors, incident logs, staff training on RAS and conflict management, and policies refusing service to known troublemakers.

What is 'public safety' as a licensing objective?

• AThe premises carries no responsibility of any kind for the safety of the customers who are inside it
• BOverall safety of the premises including fire, first aid, safety equipment, and safety procedures✓
• CFire safety only, with no other aspect of safety at the premises being covered by this objective at all
• DHealth and safety at work only, which covers the staff who work there rather than the paying customers

Answer: Public safety includes fire safety, first aid provision, emergency exits, safety equipment, and procedures to protect customers and staff from injury or harm.

What is 'protection of children from harm' as a licensing objective?

• AEnsuring children are not exposed to harm including alcohol, drugs, and inappropriate content✓
• BIt applies only to licensing during daytime hours, when children are most likely to be on the premises
• CAn objective that is relevant only to bar staff, not to door supervisors
• DA duty that rests entirely with the accompanying adult, not the premises

Answer: This objective requires premises to protect children from harm, including preventing underage drinking, exposure to adult entertainment, and unsafe conditions.

Can children enter a pub that holds an on-licence?

• AYes, during certain hours if supervised, unless the licence has conditions restricting them✓
• BOnly on Sundays
• CNo, children are never permitted to enter any public house at any time of the day or night in the UK
• DYes, at any hour of the day or night and without any adult needing to be with them at all

Answer: Children can generally access licensed premises during permitted hours (typically before 8pm) if supervised by an adult. Some licences have specific conditions restricting or allowing children.

What is an 'admission policy'?

• AA policy that only nightclubs are legally required to have in place at the door
• BA set of house rules which carry no weight of any kind in licensing law at all
• CWritten criteria for who can be admitted and who will be refused entry✓
• DThe schedule of prices that the venue charges its customers for entry on the door

Answer: An admission policy sets out the criteria for who can and cannot be admitted (e.g., 'No one under 18', 'No one visibly intoxicated'). This helps maintain order and support licensing objectives.

Can a premises refuse entry to someone based on dress code?

• ADress codes can never lawfully be used as a ground for refusing entry
• BYes, if stated in admission policy and not discriminatory✓
• COnly for very fancy clubs
• DYes, any dress code is fine

Answer: A premises can have a dress code if stated in the admission policy, as long as it is not discriminatory (e.g., not based on race, religion, or gender). The dress code must be consistently applied.

What is 'drug awareness' training for door supervisors?

• AHow to use drugs without being caught
• BIdentifying signs of drug use and policies to prevent drug dealing✓
• CTraining that is not necessary for a door supervisor to undertake at all
• DTraining that is only required at large venues and at outdoor music festivals

Answer: Drug awareness training teaches door supervisors to identify signs of drug use (dilated pupils, hyperactivity, etc.) and recognise dealing activities, so they can prevent drug crime at the venue.

What is the legal status of drug dealing in licensed premises?

• AOnly unlicensed members of staff can be prosecuted for dealing at the venue
• BIt is acceptable provided that no customer complaint is ever made about it
• CIt is only a serious matter if the person dealing happens to be caught
• DIt's a serious crime that door supervisors must prevent and report✓

Answer: Drug dealing in licensed premises is a serious crime and violates licensing objectives. Door supervisors must monitor for drug activity and report suspicions to police and management.

What should a door supervisor do if they discover someone dealing drugs at the premises?

• AIgnore it
• BTell the person to leave
• CKeep it quiet
• DInform management and police immediately; don't attempt intervention✓

Answer: Report drug dealing immediately to management and police. Do not attempt to intervene or apprehend dealers; this is a police matter and attempting it puts you at risk.

What is the 'off-supply' of alcohol?

• AA category of sale that falls outside licensing regulation
• BSale of alcohol for consumption away from the premises✓
• CStopping all sales of alcohol at a set time on each evening of the week
• DOnly in shops

Answer: 'Off-supply' refers to sales for consumption elsewhere (e.g., bottle shop selling beer). 'On-supply' is consumption on the premises. Both are regulated under the Licensing Act 2003.

Can alcohol be sold 24 hours a day, 7 days a week?

• AYes, at any time at all and without any limit being applied
• BNo, because there are always fixed restrictions on the trading hours
• COnly if the Premises Licence specifically permits it✓
• DOnly at weekends and during the public holiday periods each year

Answer: Alcohol sales are limited to the hours specified in the Premises Licence. The maximum 24-hour hours can only be granted if it complies with licensing objectives.

What is a 'variation' of a Premises Licence?

• AClosing temporarily
• BA change in ownership
• CAn application to change the terms, conditions, or activities authorised by the licence✓
• DA step the Licensing Act 2003 does not provide for

Answer: A variation is an application to change the Premises Licence (e.g., extend hours, add activities, change DPS). It requires notification to authorities and can be objected to.

What happens if a Premises Licence holder breaches a condition?

• AOnly a fine
• BAll of the staff who were on duty at the time are automatically dismissed
• CLicensing authority can take action: warning, suspension, or revocation✓
• DThe breach has no consequences for the licence

Answer: Breach of licence conditions can result in the licensing authority issuing a warning, suspension of the licence, or revocation. The premises may be unable to operate during suspension.

What is a 'review' of a Premises Licence?

• AA formal process to consider whether the licence should be modified or revoked✓
• BAn annual inspection of the premises that is carried out by the local fire service
• CA term with no basis in licensing law
• DA survey that collects customer feedback about the service given at the venue each year

Answer: A review is a formal process initiated by licensing authorities or objectors to assess whether the premises is complying with licensing objectives. Review can result in licence modification or revocation.