Licensing offences

As an alcohol and entertainment licensee you should note the range of offences for which you could be prosecuted.

Penalty Level Fines

Level 1: £250
Level 2: £500
Level 3: £1,000
Level 4: £2,500
Level 5: £5,000

Premises Licence Holder
Section	Offence	Offender	Defence(s)	Penalty
33(6)	Failure to notify licensing authority of change in name or address	Premises licence holder	Reasonable excuse	Level 2
40(2)	Failure to notify existing designated premises supervisor that premises licence has been varied to replace them with another or that such application has been rejected	Premises licence holder	Reasonable excuse	Level 3
41(5)	Failure to provide premises (or statement of reasons for failure to do so) to licensing authority within 14 days of direction from the designated premises supervisor who has given notice of intention to cease	Premises licence holder	Reasonable excuse	Level 3
46(4)	Failure to notify designated premises supervisor of application for transfer with interim effect (applicant and premises supervisor not the same person)	Applicant for transfer of or premises licence	Reasonable excuse	Level 3
49(5)	Failure to notify designated premises supervisor of interim authority notice	Interim authority holder	Reasonable excuse	Level 3
56(3)	Failure to produce premises licence at the request of the licensing authority so that it may be amended	Premises licence holder	Reasonable excuse	Level 2
57(4)	Failure to keep premises licence or certified copy at the premises	Premises licence holder	Reasonable excuse	Level 2
57(4)	Failure to display summary of premises licence or certified copy and notice specifying any nominate person	Premises licence holder	Reasonable excuse	Level 2
57(7)	Failure to produce premises licence or certified copy to authorised person for examination	Premises licence holder	Reasonable excuse	Level 2
59(5)	Intentional obstruction of authorised person exercising power of inspection prior to grant, variation or review of premises licence or issuing or provisional statement	Any person	Lack of intent	Level 2

Qualifying Clubs
Section	Offence	Offender	Defence(s)	Penalty
82(6)	Failure to notify licensing authority of change of name or alteration of rules of the club	Secretary	None	Level 2
83(6)	Failure to notify licensing authority of change of registered address of club	Secretary	Reasonable excuse	Level 2
93(3)	Failure to produce club premises certificate (CPC) to licensing authority within 14 days of request	Secretary	Reasonable excuse	Level 2
94(5)	Failure to keep CPC or certified copy at the premises	Secretary	Reasonable excuse	Level 2
94(6)	Failure to display at premises the summary of the CPC or certified copy, together with a notice stating the position held by the nominated person	Nominated person	Reasonable excuse	Level 2
94(9)	Failure to produce CPC to constable or authorised person for examination	Nominated person	Reasonable excuse	Level 2
96(5)	Failure to permit entry to authorised person for purposes of inspection prior to grant, variation or review of CPC	Any person	None	Level 2

Permitted Temporary Activities
Section	Offence	Offender	Defence(s)	Penalty
108(3)	Intentional obstruction of authorised officer inspecting temporary event premises to assess likely effect of temporary event notice (TEN) upon promotion of crime prevention objective	Any person	Lack of intent	Level 2
109(4)	Failure to display TEN, or keep it in the custody of the premises user (who is at the premises) or nominated person (for whom a notice of nomination must also be on display at the premises	Premises user	Reasonable excuse	Level 2
109(8)	Failure to produce TEN to authorised officer	Premises user or nominated person	Reasonable excuse	Level 2

Personal Licences
Section	Offence	Offender	Defence(s)	Penalty
123(2)	Failure to notify licensing authority of relevant offence or foreign offence during grant or renewal	Applicant	Reasonable excuse	Level 4
127(5)	Failure to notify licensing authority of change of name or address of personal licence holder	Personal licence holder	Reasonable excuse	Level 2
128(6)	Failure to notify court of personal licence when being dealt with for a relevant offence	Personal licence holder	Reasonable excuse	Level 2
132(4)	Failure to notify licensing authority of conviction for relevant or foreign offence	Personal licence holder	Reasonable excuse	Level 2
134(5)	Failure to produce personal licence within 14 days to licensing authority to be updated	Personal licence holder	Reasonable excuse	Level 2
135(4)	Failure to produce personal licence to authorised person or a constable	Personal licence holder	Reasonable excuse	Level 2

General Offences
Section	Offence	Offender	Defence(s)	Penalty
136(1)	Knowingly allowing or carrying on unauthorised licensable activities	Any person (exceptions: s136(2))	Due diligence (s139)	6 months imprisonment and/or £20,000 fine
137(1)	Unauthorised exposure for sale of alcohol	Any person	Due diligence (s139)	6 months imprisonment and/or £20,000 fine
138(1)	Unauthorised exposure for sale of alcohol	Any person
140 (1)	Knowingly allowing disorderly conduct on premises with premises licence, CPC or TEN	Any person authorised to prevent	Lack of knowledge	Level 3
141(1)	Knowingly selling, attempting to sell or allowing sale, or supplying, attempting to supply or allowing supply, of alcohol to person who is drunk	Any person	Lack of knowledge	Level 3
142(1)	Knowingly obtaining or attempting to obtain alcohol for consumption by person who is drunk	Any person	Lack of knowledge	Level 3
143(1)	Failure to leave premises with premises licence, CPC or TEN, or attempting to enter premises, by a person who is drunk or disorderly, following request by person in authority	Any person	Reasonable excuse	Level 1
144(1)	Knowingly keeping unlawfully imported goods on relevant premises	Any person authorised to prevent	Lack of knowledge	Level 3
156(3)	Selling alcohol on or from moving vehicles	Any person	Due diligence	3 months' imprisonments and/or £20,000 fine
157(5)	Knowingly selling, attempting to sell or allowing sale of alcohol on trains contrary to prohibition order	Any person	Lack of knowledge	3 months' imprisonments and/or £20,000 fine
158(1)	Knowingly or recklessly making false statement in connection with licensing application	Any person	Lack of knowledge or recklessness	Level 5
179(4)	Intentional obstruction of entry of authorised person to investigate unauthorised use of premises for licensable activity	Any person	Lack of intent	Level 3

Underage Offences
Section	Offence	Offender	Defence(s)	Penalty
145(1)	Knowingly allowing unaccompanied child under 16 on premises when open and used for sale or supply of alcohol	Any person authorised to prevent	1. Lack of knowledge 2. Child using premises for passage	Level 3
148(1)(2)(3)	Selling alcohol to person under 18 or supplying alcohol to club members or guest under 18	Any person or club	1. Reasonable belief aged 18 + reasonable steps or no reasonable suspicion 2. Due diligence	Level 5
147(1)(3)	Knowingly allowing sale of alcohol to person under 18 or knowingly allowing supply of alcohol to club member or guest under 18	Any person authorised to prevent	Lack of knowledge	Level 5
148(1)(2)	Sale or supply of liqueur confectionary to person under 16	Any person or club	1. Reasonable belief aged 16 + reasonable steps or no reasonable suspicion 2. Due diligence	Level 2
149(1)(3)(4)	Purchase of supply of alcohol by or on behalf of person under 18, or attempt to do so	Person under 18 or person purchasing on his behalf	1. Beer, wine or cider for 16-17 year old for consumption at table meal in accompaniment of person 18 or over 2. No reason to suspect person was under 18 3. Purchase at request of constable or weights and measures inspector	Level 3 (person under 18) Level 5 (person on behalf of under 18)
150(1)	Knowingly consuming alcohol on premises with premises licence	Person under 18	Lack of knowledge	Level 3
150(2)	Knowingly allowing consumption of alcohol by person under 18 on premises with premises licence, CPC or TEN	Person working at premises, member or officer of club authorised to prevent	Lack of knowledge	Level 5
151(1)(2)(4)	Delivering or allowing delivery to person under 18	Person working at premises, member or officer of club authorised to prevent	1. Lack of knowledge 2. Place where buyer lives or works 3. Person under 18 works on premises in Level 5 capacity which involves delivery of alcohol 4. Alcohol sold or supplied for consumption on premises	Level 5
152(1)	Sending person under 18 to obtain alcohol for consumption off the premises	Any person	1. Lack of knowledge 2. Purchase at request of constable or weights and measures inspector 3. Person under 18 works on premises in capacity which involves delivery of alcohol	Level 5
153(1)	Knowingly allowing person under 18 to sell or supply alcohol without approval on premises with premises licence, CPC or TEN	Premises licence holder, designated premises supervisor, or person over 18 authorised by either to prevent	1. Lack of knowledge 2. Sale for consumption with table meal in area used for meals	Level 1

Closure Order Offence
Section	Offence	Offender	Defence(s)	Penalty
160(4)	Knowingly keeping premises open or allowing premises to be kept open in breach of closure order in identified area	Any manager, premises licence holder, designated premises supervisor or premises user for temporary event	Lack of knowledge	Level 3
161(6)	Permitted identified premises to be kept open in breach of closure order	Any person	Reasonable excuse	3 months' imprisonment and/or £20,000 fine
165(7)	Permitting premises to be kept open in breach of magistrates' court closure order	Any person	Reasonable excuse	3 months' imprisonment and/or £20,000 fine
168(8)	Allowing premises to be kept open in breach of closure order pending appeal against revocation of premises licence	Any person	Reasonable excuse	3 months' imprisonment and/or £20,000 fine