The government recently announced its intention to abolish the requirements for personal licences to be renewed every 10 years. The first personal licences would have needed renewing from 2015.
The government has now launched a consultation on abolishing the whole system of personal licences arguing that it may be poorly targeted and ineffective. In place of the personal licensing regime they are proposing the following:
- An amendment to the mandatory conditions to require all sales to be authorised by the DPS rather than by the personal licence holder as is currently the case.
- To allow the police to object to a new DPS based on the crime prevention objective in general rather than only in exceptional circumstances.
- To allow licensing authorities to require a criminal records declaration with each new change of a DPS and to allow those who either are named as the DPS on the premises licence or have accredited training to have up to 50 Temporary Event Notices a year. Those without would be limited to giving only five.
The government believe that in many places, the sale of alcohol doesn’t cause a problem and that in those circumstances, the requirement to have a personal licence is an unnecessary burden on business.
The idea is to give local authorities more control, for example under the proposed regime, no one operating a pub would have to be trained unless the Local Authority had imposed a condition on the Premise Licence requiring training.
The most obvious upside of this will be that it will be easier for people to assume the position of DPS unless there is a condition imposed on a particular premises requiring training or a criminal records declaration to be provided, in which case, the process of appointment could be slowed down.
You can respond to the government consultation at https://www.gov.uk/government/consultations/personal-alcohol-licences-enabling-targeted-local-alternatives or by post to Alcohol Team, Drugs & Alcohol Unit, Home Office 4, 4th Floor, Fry Building, 2 Marsham Street, London SW1 4PF.
The consultation period ends on 7th November 2013.
For further information, contact Andrew Cochrane.