Amended guidance issued under section 182 of the Licensing Act ...

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designated premises supervisor has been specified in the licence or at a time when thedesignated premises supervisor does not hold a personal licence or the personal licencehas been suspended.10.45 The main purpose of the ‘designated premises supervisor’ as defined in the 2003 Act is toensure that there is always one specified individual among these personal licence holderswho can be readily identified for the premises where a premises licence is in force. Thatperson will normally have been given day to day responsibility for running the premisesby the premises licence holder. The requirements set out in relation to the designatedpremises supervisor and authorisation of alcohol sales by a personal licence holder do notapply to community premises in respect of which a successful application has been madeto disapply the usual mandatory conditions in sections 19(2) and 19(3) of the 2003 Act(see Chapter 4 of this Guidance).10.46 The 2003 Act does not require a designated premises supervisor or any other personallicence holder to be present on the premises at all times when alcohol is sold. However, thedesignated premises supervisor and the premises licence holder remain responsible for thepremises at all times including compliance with the terms of the 2003 Act and conditionsattached to the premises licence to promote the licensing objectives.Authorisation by personal licence holders10.47 In addition, every premises licence that authorises the sale of alcohol must require thatevery supply of alcohol under the premises licence must be made or authorised by a personwho holds a personal licence. This in most instances will be the designated premisessupervisor who must hold a valid personal licence. Any premises at which alcohol is soldor supplied may employ one or more personal licence holders. This does not mean that thecondition should require the presence of the designated premises supervisor or any otherpersonal licence holder on the premises at all times.10.48 Similarly, the fact that every supply of alcohol must be made under the authority of apersonal licence holder does not mean that only personal licence holders can make salesor that they must be personally present at every transaction. A personal licence holdermay authorise members of staff to make sales of alcohol but may be absent at times fromthe premises when a transaction takes place. However, the responsible personal licenceholder may not be able to escape responsibility for the actions of anyone authorised tomake sales.10.49 “Authorisation” does not imply direct supervision by a personal licence holder of each saleof alcohol. The question arises as to how sales can be authorised. Ultimately, whether anauthorisation has been given is a question of fact that would have to be decided by thecourts on the evidence before it in the course of a criminal prosecution.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200383
10.50 The following factors should be relevant in considering whether or not an authorisation hasbeen given:• the person(s) authorised to sell alcohol at any particular premises should be clearlyidentified;• the authorisation should have specified the acts which may be carried out by the personwho is authorised to supply alcohol;• there should be an overt act of authorisation, for example, a specific written statementgiven to the individual who is authorised to supply alcohol; and• there should be in place sensible arrangements for the personal licence holder to monitorthe activity that they have authorised on a reasonably regular basis.10.51 It is strongly recommended that personal licence holders give specific written authorisationsto individuals whom they are authorising to retail alcohol. A single written authorisationwould be sufficient to cover multiple sales over an unlimited period. This would assistpersonal licence holders in demonstrating due diligence should issues arise withenforcement authorities; and would protect employees if they themselves are challenged inrespect of their authority to sell alcohol.10.52 Written authorisation is not a requirement of the 2003 Act and its absence alone could notgive rise to enforcement action.10.53 It must be remembered that whilst the designated premises supervisor or a personallicence holder may authorise other individuals to sell alcohol in their absence, they areresponsible for any sales that may be made. Similarly, the premises licence holder remainsresponsible for ensuring that licensing law and licence conditions are observed at thepremises.Arrangements for the mandatory licence conditions10.54 The mandatory conditions made under sections 19A and 73B of the 2003 Act (theconditions governing irresponsible promotions, dispensing alcohol directly into the mouth,provision of free tap water, age verification and small measures) do not have to bephysically included in the licence or certificate but nonetheless will apply to every licenceand certificate authorising the sale and supply of alcohol for consumption on the premises.The mandatory conditions set out in section 19 of the 2003 Act (the requirement for aDesignated Premises Supervisor and for all sales to be made or authorised by a personallicence holder) do, however, have to be physically included in the licence. The mandatorylicence conditions do not apply to activities (including the supply of alcohol) authorised by atemporary event notice.84 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
Page 7:
LICENSING POLICIES1.11 Section 5 of
Page 11 and 12:
2.10 A condition must also be capab
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• Ensuring appropriate and freque
Page 15 and 16:
SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18:
2.38 Measures to control light poll
Page 19 and 20:
2.49 The 2003 Act provides that, wh
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alcohol to its customer, an authori
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--have given an objection notice be
Page 28 and 29:
4.26 Only one DPS may be specified
Page 32 and 33:
y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83: prohibit a number of types of drink
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97 and 98: • for unlawful gambling; and• f
Page 99 and 100: LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102: 13. Statements of licensing policy1
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117 and 118: 15. Live music and regulated entert
Page 119 and 120: audience and are provided to, at le
Page 121 and 122: SPONTANEOUS MUSIC, SINGING AND DANC
Page 123: Published by TSO (The Stationery Of
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Amended guidance issued under section 182 of the Licensing Act ...

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