01332 340 211

General offences under the Licensing Act 2003

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general offences under the Licensing Act 2003
There are a number of general offences under the Licensing Act 2003.

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.

For more information about general offences under the Licensing Act 2003, please contact our Alcohol & Entertainment Licensing team on 01332 340 211.

General Offences under the Licensing Act 2003

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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Derby Head Office:
St. Michael’s Court
St. Michael’s Lane
Derby
DE1 3HQ
Tel: 01332 340 211
Fax: 01332 207 601
DX: 729320 Derby 24

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Ashbourne
Derbyshire
DE6 1GH
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