What happens if my licence is granted?
Grant of licence and enforcement
When your licence is granted it will consist of two parts. Part A is made up as follows:
- General licence details
- Mandatory conditions
- Conditions consistent with the Operating Schedule
- Conditions attached after a hearing by the licensing authority
- Plan of licensable area
Part B is a Summary of the details on your Part A. It will not show the address of the DPS and it will not show the conditions of the licence.
Once the Premises Licence is granted the Licence holder and Designated Premises Supervisor must ensure that they familiarise themselves with the conditions on the licence and that they are implemented immediately.
Pro-active visits will be carried out to all premises. Non-compliance of the law and/or the conditions on the Premises Licence can lead to action being taken against the Premises Licence holder which could involve either a review of the Licence and/or prosecution.
Gravesham Licensing officers and Kent Police expect all staff to know about the granted permissions under the Licensing Act 2003 and the conditions of the licence.
Question: Do I display the granted premises licence or club premises certificate?
Answer: Yes, when you receive your licence you must display Part B (the Summary) and you must keep either the original or a certified copy of Part A on the premises.
The premises holder must arrange for a notice to be displayed at the premises specifying the position held at the premises by any person nominated to keep the Premises Licence or certified copy under their control. This must be prominently displayed at the premises.
Question: Who can sell alcohol?
Answer: It is a mandatory condition on your licence that:
‘Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.’
The best way to do this is to have all staff or as many as you can hold a personal licence. You can then have a personal licence holder on site at all times.
If you have staff that do not hold personal licences then the DPS needs to write a statement which permits the sale of alcohol in his/her absence. This should be kept on the premises at all times. This written statement does not place the responsibility on the employee, the licence holder and DPS remain wholly responsible for any sale made from their premises.
Question: Do I have to renew my licence?
Answer: No, But there is a retainer fee due on a yearly basis. This fee is also based on the Non Domestic Rateable Value of your premises, and they have been set nationally.
Question: What happens if I don’t pay it?
Answer: Since 25 April 2012, the Council must suspend your licence if you do not pay your retainer fee when it is due.
(Section 120 of the Police Reform and Social Responsibility Act 2011)
However, this does not apply immediately if the payment was not made before or at the time of the due date because of an
- administrative error, or
- the holder disputed liability for the fee before or at the time of the due date.
In either of these cases, there is a grace period of 21 days. This period is intended to allow the licensing authority and the licence or certificate holder an opportunity to resolve the dispute or error. If the dispute or error is not resolved during this 21 day period, the licence will be suspended.
Question: What does it mean to have your licence suspended?
Answer: Suspension means you are not able to carry out or authorise any licensable activity until your licence is reinstated.