A Premises Licence Holder in England and Wales has several important duties and responsibilities under the Licensing Act 2003. These responsibilities are designed to ensure that licensed premises operate safely, legally, and in a way that promotes the licensing objectives. A premises licence authorizes the sale of alcohol, the provision of regulated entertainment, or the provision of late-night refreshments on the premises. Licesning Professionals have detailed the key duties of a premises licence holder:
1. Promote the Licensing Objectives
A premises licence holder must ensure that the premises operate in a way that promotes the four key licensing objectives, which are:
The prevention of crime and disorder.
Public safety.
The prevention of public nuisance.
The protection of children from harm.
Every decision made by the licence holder, such as managing customers or hiring staff, must align with these objectives.
2. Appoint a Designated Premises Supervisor (DPS)
Requirement for Alcohol Sales: If the premises is licensed to sell alcohol, the premises licence holder must ensure that a Designated Premises Supervisor (DPS) is appointed. The DPS must hold a valid personal licence and is responsible for overseeing the sale of alcohol on the premises.
Maintain DPS Records: The premises licence holder is responsible for ensuring that the DPS details are kept up-to-date with the licensing authority. Any changes in DPS must be communicated to the licensing authority immediately.
3. Adhere to the Conditions of the Licence
Operating Hours: The premises licence sets out specific hours during which licensable activities (such as selling alcohol, providing entertainment, or serving late-night refreshments) can be carried out. The premises licence holder must ensure that activities only take place within these permitted hours.
Comply with Licence Conditions: Each premises licence may have additional conditions imposed by the licensing authority, such as:
Restrictions on noise levels.
CCTV installation and maintenance.
Providing door staff for security.
Offering free drinking water.
Uphold Licence Terms: The premises licence holder is responsible for ensuring that all these conditions are upheld. Non-compliance can result in enforcement action, fines, or the loss of the licence.
4. Prevent Underage Sales
Age Verification Policy: A premises licence holder must ensure that an age verification policy is in place, such as Challenge 21 or Challenge 25, to prevent the sale of alcohol to minors.
Staff Training: All staff should be trained to ask for valid identification (passport, driving license, or PASS card) from customers who appear under the relevant threshold age (e.g., 21 or 25) to confirm that they are legally allowed to purchase alcohol.
Record Keeping: It’s good practice to maintain a refusals register, which logs any incidents where a customer is refused alcohol due to age or other legal reasons.
5. Ensure Public Safety
Risk Management: The premises licence holder has a duty to ensure that the premises are safe for both customers and staff. This includes regular risk assessments and ensuring that fire safety equipment, exits, and evacuation plans are up-to-date.
Capacity Limits: If the licence specifies a maximum number of patrons allowed on the premises, the premises licence holder must ensure that these limits are not exceeded to avoid overcrowding and ensure public safety.
6. Prevent Public Nuisance
Noise Management: The premises licence holder must take steps to prevent noise disturbance to nearby residents or businesses, especially if the premises offers late-night entertainment. This may include controlling music volume, managing customer behavior, and ensuring doors and windows are closed at certain times.
Waste Management: Proper waste disposal procedures should be in place, including the safe removal of rubbish and broken glass, to minimize disturbances and maintain hygiene standards.
7. Prevent Crime and Disorder
Security Measures: The premises license holder must ensure that appropriate security measures are in place to prevent crime and disorder. This could include the use of door supervisors, CCTV cameras, and staff training in conflict resolution.
CCTV Maintenance: If the licence requires CCTV coverage, the premises license holder must ensure that the system is maintained, that footage is stored as per the licence conditions, and that the system is operational at all times.
8. Display the Premises Licence Summary
Public Display: The premises licence summary (Form Part B) must be prominently displayed where it is visible to the public on the premises. This shows that the venue is legally licensed and outlines key details of the licence.
Keeping the Licence Available: The full premises licence (Form Part A) must be kept at the premises and made available for inspection by police officers or authorized officers of the local licensing authority upon request.
9. Maintain Good Record Keeping
Incident Log: Keep a log of any incidents that occur on the premises, such as fights, customer ejections, refusals of service, or complaints. This log can help demonstrate compliance with the licensing objectives and may be useful in case of any disputes.
Staff Training Records: Maintain records of staff training, particularly in responsible alcohol sales, conflict resolution, and compliance with licensing laws. Staff should be regularly trained to uphold the licensing objectives.
10. Report Changes to the Licensing Authority
Change in Premises Licence Holder: If there is a change in the premises licence holder, this must be reported to the licensing authority so the licence can be updated accordingly.
Change in DPS: Similarly, any changes in the Designated Premises Supervisor (DPS) must be reported immediately to the licensing authority.
11. Cooperate with Authorities
Police and Licensing Officers: The premises licence holder must cooperate with the police and local licensing authorities. This includes providing access to the premises, records, and CCTV footage upon request.
Regular Inspections: Authorities may inspect the premises to ensure compliance with the licence conditions, and the premises licence holder must facilitate these inspections.
12. Prevent Illegal Activities
Drug Prevention: Ensure that steps are taken to prevent the use or sale of illegal drugs on the premises. Staff should be trained to spot signs of drug use, and appropriate measures (such as toilet checks) should be implemented.
Prohibited Sales: Ensure that the premises does not engage in any prohibited sales, such as the sale of alcohol to drunk individuals or the sale of smuggled or counterfeit goods.
13. Respond to Licensing Reviews
License Reviews: If there are concerns that the premises is not promoting the licensing objectives, a responsible authority or member of the public can request a review of the premises licence. The premises license holder must attend any review hearings and provide evidence of compliance with the licensing objectives.
Duties and responsibilities of a premises license holder-Conclusion
A premises license holder has significant responsibilities to ensure that the licensed premises operates safely, legally, and in a way that promotes the four key licensing objectives. By adhering to the conditions of the license, preventing underage sales, ensuring public safety, and cooperating with authorities, the license holder can ensure that the premises runs smoothly and complies with all legal obligations. Non-compliance with these duties can lead to enforcement actions, including fines, suspension, or even revocation of the premises license.
Licensing Professionals provide training and advice for all things relating to the Licensing Act 2003- contact us today to arrange a FREE 15-minute consultation.
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