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Council or police officers can prosecute persons for any of these offences.
Cases can be dealt with by way of a formal caution or in the Magistrates Court. The Court may also order the forfeiture of a Personal Licence, or suspend it for up to six months.
If you are convicted of an offence, the Police may also raise objections to you holding a Personal Licence, and the Council can hold a hearing to consider whether your personal licence should be revoked.
| Offence | Person who commits the offence |
Defence to the charge | Maximum penalty |
|---|---|---|---|
| Carrying on, knowingly allowing the carrying on, of any licensable activities otherwise than under and in accordance with an authorisation | Any person | Due diligence | Six months in prison and/or unlimited fine |
| Unauthorised exposure of alcohol for sale by retail | Any person | Due diligence | Six months in prison and/or unlimited fine/forfeiture |
| Possession of alcohol with intent to sell by retail or supply (in a qualifying club) where that would be unauthorised | Any person | Due diligence | £500.00/forfeiture |
| Knowingly allowing disorderly conduct on relevant premises | Any person working paid or unpaid who is authorised to prevent it; Premises Licence Holder; DPS; any member or officer of a club who is on the premises at the time in a capacity that enables him to prevent it; the Premises User for a Temporary Event Notice | No defence available | £1,000.00 |
| Knowingly selling or attempting to sell or supply alcohol to, or allowing alcohol to be sold to, someone who is drunk | Any person working paid or unpaid who is authorised to prevent it; Premises Licence Holder; DPS; any member or officer of a club who is on the premises at the time in a capacity that enables him to prevent it; the Premises User for a Temporary Event Notice | No defence available | £1,000.00 |
| On relevant premises, knowingly obtain alcohol for consumption on those premises for a person who is drunk | Any person | No defence available | £1,000.00 |
| When drunk or disorderly, failing to leave relevant premises when asked by a constable or other relevant person, or attempting to enter or re-enter having been asked not to | Any person who is “drunk or disorderly” | Reasonable excuse | £200.00 |
| Knowingly keeping or allowing to be kept, any goods on which duty has not been paid, or any other illegally imported goods, on relevant premises | Any person working paid or unpaid who is authorised to prevent it; Premises Licence Holder; DPS; any member or officer of a club who is on the premises at the time in a capacity that enables him to prevent it; the Premises User for a Temporary Event Notice | No defence available | £1,000.00 plus forfeiture etc… |
| Sale of alcohol by retail on or from a vehicle that is not permanently or temporarily parked | Any person | Mistake, reliance on information given to him, act or omission of another, other cause beyond his control; took all reasonable precautions and exercised all due diligence |
3 months in prison and/or unlimited fine |
| Knowingly selling or attempting to sell alcohol in contravention of a Magistrates Court order prohibiting the sale of alcohol on trains (this order can only be made on the application of a senior Police officer, and only if necessary to prevent disorder) | Any person | No defence available | 3 months in prison and/or an unlimited fine |
| Knowingly or recklessly making a false statement in, or in connection with, a licensing application | Any person | Unlimited fine | |
| Allowing premises to be open where a review has been made and the licence has been revoked; until the time limit for appeal, or the appeal has been dealt with | Any person | Reasonable excuse | 3 months in prison and/or an unlimited fine |
| Intentionally obstructing an authorised person wishing to enter the premises to see if a licensable activity is being carried on | Any person | £1,000.00 | |
| Knowingly keeping, or allowing to be kept open, premises subject to an “identified area” closure order. A constable may use “such force as may be necessary for the purpose of closing the premises…” | Any manager, Premises Licence Holder, Designated Premises Supervisor or Premises User under a Temporary Event Notice | No defence available | £1,000.00 |
| Permitting relevant premises to be open in contravention of a closure order on identified premises | Any person | Reasonable excuse | 3 months in prison and/or an unlimited fine |
| Permitting relevant premises to be open in contravention of a closure order on identified premises | Any person | Reasonable excuse | 3 months in prison and/or an unlimited fine |
Note: A constable may use such force as may be necessary to close premises so they comply with a Closure Order, but they will not be liable for damages for act or omission unless you can prove bad faith or a breach of Section 6 91) of the Human Rights Act.
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For licensing law support, please contact us on 01332 226 151 or complete the form below.
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