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Licensing offences

Last updated on: 16-Oct-2020

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 Holders

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

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

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

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

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

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 Offences

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

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