Tuesday 16 August 2011

Do I have to have to hold a personal licence to work in a pub?

No one is required to hold a personal licence to work in any licensed premises in England and Wales other than the person who is the designated premises supervisor in respect of the premises licence. However every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence! This is a mandatory condition on every premises licence issued in England and Wales.
The way this mandatory condition is perceived is normally that a there must be a personal licence holder on the premises in the absent of the designated premises supervisor! We have found in our experience that different Licensing Authorities read this mandatory condition in different ways. Some Licensing Authorities will insist on a list to be displayed at the premises of authorised persons, others will insist on a premises having several personal licence holders. Licensing Committees tend to favor additional personal licence holders on a premises licence when granting after a licence hearing.
As a company specialising is licensing law we always practice Best Advice It is essential that a premises licence holder uses due diligence to avoid un-authorised sales of alcohol to minors.
We recommend that there should always be a personal licence holder on duty to authorise any sale of alcohol or any sale of any other age restricted product in respect of that licensed premise.

In Scotland the law states that anyone working behind a bar or sales counter must have a minimum of two hours training on Scottish licensing law. This includes any person working part time or full time, paid or un-paid. So in Scotland to work behind a bar you do require a certificate or proof of staff training.
A record of that training must also be kept at the premises by the Premises Manager.

Now we think this is a fabulous idea! well we would we are a training company for licensing laws, however sales of alcohol to minors are often made by members of staff who have received little or no training.
If you authorise an individual as a DPS or a personal licence holder to sell alcohol on your behalf, did you know that if that individual makes a mistake and sells alcohol to an underage test purchaser you to would be interviewed at the local police station or trading standards office under caution!

An un-authorised sale of alcohol to a minor could land you with an on the spot fine of £80.00.
In some Local Authority areas you can be prosecuted in a Magistrates Court, the maximum fine under the licensing Act 2003 is up to £5,000
In most Local Authority areas two failed test purchases within twelve months will lead to a review of the premises licence before the Licensing Committee. The Licensing Committee have the power to revoke a premises licence or suspend a premises licence for up to three months.

So to answer the question, Do I have to have to hold a personal licence to work in a pub?

Simple; you would do to work in my pub!

What do you think!




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