Personal licence guidance
The information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations under the relevant pieces of legislation.
If you have any queries please contact Mid Devon District Council. Alternatively, you may also wish to consider other sources of assistance, such as independent legal advice.
A personal licence allows an individual to authorise the sale or supply of alcohol from establishments where the sale or supply of alcohol is already licensed.
Where a premises licence allows the sale or supply of alcohol, every sale must be authorised by an individual, known as the designated premises supervisor (DPS). The DPS is named on the premises licence and must be a personal licence holder.
The sale and supply of alcohol, because of its impact on the wider community and on crime and anti-social behaviour, carries with it greater responsibility than the provision of regulated entertainment and late night refreshment. This is why individuals who may be engaged in making and authorising the sale and supply of alcohol require a personal licence.
Under the Licensing Act 2003 the requirements are that the applicant:
- must be aged 18 or over;
- possesses a licensing qualification accredited by the Secretary of State (or one which is certified as if it is such a qualification or is considered equivalent) or is a person as prescribed by the Secretary of State by regulations (see below for acceptable qualifications),
- must not have forfeited a personal licence within five years of their application;
- has paid the appropriate fee to the licensing authority.
The fee for a personal licence application is £37.
A personal licence does not expire (subject to certain provisions regarding, for example, surrender and forfeiture of the licence).
You need to complete all of the following forms:
- An application for a personal licence
- A disclosure of convictions and declaration form
You will also need to send us the following:
- Two photographs, one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification. The person endorsing the photograph must sign and print their name and state their capacity.
A criminal conviction certificate or criminal record certificate or the results of a subject access search of the police national computer by the National Intelligence Service (N.B. Basic criminal record checks can be obtained from Disclosure Scotland; for further details call their helpline number 0870 609 6006, or look on their website – www.disclosurescotland.co.uk
Please note, any such criminal record check is only valid for one calendar month after the date of issue.
Payment of fee.
Yes, the police can object to the application, on the grounds of crime or disorder, but only when they are notified by the licensing authority that the applicant has an unspent conviction for a relevant offence defined in the 2003 Act or for a foreign offence. Where an applicant has an unspent conviction for a relevant or foreign offence, and the police object to the application on crime prevention grounds, the applicant is entitled to a hearing before the licensing authority. If the police do not issue an objection notice and the application otherwise meets the requirements of the 2003 Act, the licensing authority must grant it.
Information on accredited personal licence qualification providers can be found here: https://www.gov.uk/government/publications/accredited-personal-licence-qualification-providers
Each applicant needs to apply to the Local Authority in which that person is ordinarily resident. If the personal licence applicant lives in an area covered by Mid Devon District Council, the application must be sent to:
Licensing, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton, Devon, EX16 6PP.