| PREMISES
LICENCE |
| Failing to notify the Council that you have changed your
address |
Premises Licence Holder |
Reasonable excuse |
£500 |
| Failing to notify the Council that the Designated Premises
Supervisor (DPS) has changed address (unless they have already
notified us themselves) |
Premises Licence Holder |
Reasonable excuse |
£500 |
| Failing to give notice to a person who has or has not been
replaced as a Designated Premises Supervisor |
Premises Licence Holder |
Reasonable excuse |
£1000 |
| Where the DPS has said he wishes to be removed from the licence
(and is also the holder of the Premises Licence), failing to give
his Licence to the Council or explain why he cannot do so |
Premises Licence Holder/DPS |
Reasonable excuse |
£1000 |
| Failing to tell the DPS that a licence or interim authority has
been granted |
Premises Licence Holder/applicant |
Reasonable excuse |
£1000 |
| Failing to tell the DPS that an application has been made to
transfer the Premises Licence |
Premises Licence Holder |
Reasonable excuse |
£1000 |
| Failure to produce the Licence at the Council’s request within
14 days in the event of a determination notice, lapse etc. |
Premises Licence Holder |
Reasonable excuse |
£500 |
| Failing to keep and display a copy of the Premises Licence, or
a summary or it |
Premises Licence Holder |
Reasonable excuse |
£500 |
| QUALIFYING
CLUBS |
| Failing to notify the Council of any alterations to the name,
or the rules, of the Club |
Secretary of the Club |
No defence available |
£500 |
| Failing to notify the Council of cessation of authority to use
the relevant registered address |
Secretary of the Club |
Reasonable excuse |
£500 |
| Failing to give the Council the Club Premises Certificate when
requiring to do so for updating etc |
Secretary of the Club |
Reasonable excuse |
£500 |
| Failing to keep the Certificate (or certified copy) on the
premises in the custody of the “nominated person” |
Secretary of the Club |
Reasonable excuse |
£500 |
| Failing to ensure a summary of the Certificate (or a certified
copy) AND a notice of the nominated person’s position is
prominently displayed |
The nominated person |
Reasonable excuse |
£500 |
| Failing to produce the Certificate or certified copy when asked
to do so by a constable or authorised person |
Any person |
Reasonable excuse |
£500 |
| Obstructing an authorised person or constable wishing to enter
and inspect on application for grant, variation or review |
Any person |
No defence available |
£500 |
| TEMPORARY
ACTIVITIES AND EVENTS |
| Obstructing an authorised officer from entering the premises to
assess the impact on the crime prevention objective |
Any person |
Have to prove intention to commit offence |
|
| Failing to display the Temporary Event Notice, or keep it at
the premises in the custody of the Premises User, or of his nominee
(either of whom must be present) – the notice of nomination must be
displayed |
Premises user |
Reasonable excuse |
£500 |
| Failing to produce the Temporary Event Notice to a constable or
authorised officer |
Premises user or the nominee |
Reasonable excuse |
£500 |
| PERSONAL
LICENCES |
| Failing to notify the Council upon application for a grant or
renewal of a relevant offence or foreign offence |
Applicant |
“as soon as is reasonably practicable”, reasonable excuse
|
£2,500 |
| Failing to notify the Council of any change in name and
address |
Personal Licence Holder |
“as soon as is reasonably practicable”, reasonable excuse |
£500 |
| Failing to produce or notify the Court of the Personal Licence
when being dealt with for a relevant offence |
Personal Licence Holder |
“no later than his first appearance”; reasonable excuse |
£500 |
| Failing to notify the Council that you have been convicted of a
relevant offence/foreign offence where the Court has not already
done so |
Personal Licence Holder |
“as soon as reasonably practicable after the conviction”;
reasonable excuse |
£500 |
| Failing to produce licence for updated to Council within 14
days of notice |
Personal Licence Holder |
Reasonable excuse |
£500 |
| Failing to produce Personal Licence for inspection by a
constable or authorised officer |
Personal Licence Holder |
Reasonable excuse |
£500 |
| GENERAL
OFFENCES |
| Carrying on, knowingly allowing the carrying on, of any
licensable activities without a licence or Temporary Event
Notice |
Any person |
Due diligence |
Six months in prison and/or £20,000 |
| Unauthorised exposure of alcohol for sale by retail |
Any person |
Due diligence |
Six months in prison and/or £20,000/ 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/ 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 |
£1000 |
| Knowingly selling or attempting to sell or supply alcohol to,
or allowing alcohol to be sold to, someone who is drunk |
As for disorderly conduct above |
No defence available |
£1000 |
| On relevant premises, knowingly obtain alcohol for consumption
on those premises for a person who is drunk
|
Any person |
No defence available |
£1000 |
| 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 |
Person who is “drunk or disorderly” |
Reasonable excuse |
£200 |
| 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 |
As for disorderly conduct above |
No defence available |
£1000 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 £20,000 |
| 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 £20,000 |
| Knowingly or recklessly making a false statement in, or in
connection with, a licensing application |
Any person |
|
£5000 |
| 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 £20,000 |
| Intentionally obstructing an authorised person wishing to enter
the premises to see if a licensable activity is being carried
on |
Any person |
|
£1000 |
| Knowingly keeping, or allowing to be kept open, premises
subject to an “identified area” closure order. A constable my 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 |
£1000 |
| 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 £20,000 |
| Permitting relevant premises to be open in contravention of a
Magistrates Court closure order |
Any person |
Reasonable excuse |
3 months in prison and/or £20,000 |
| 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 (1) of the Human
Rights Act |
| UNDERAGE OFFENCES |
| Knowingly allowing an unaccompanied child on premises
exclusively or primarily being used for the supply of alcohol for
consumption on the premises |
As for disorderly conduct |
Child was passing to/from another place where there is no other
means of access or egress; due diligence if due to the act or
default of another |
£1000 |
| Allowing an unaccompanied child to be on relevant premises
between midnight and 5.00am when the premises are being used for
the purpose of supplying alcohol for consumption there |
As for disorderly conduct |
Child was passing to/from another place where there is no other
means of access or egress; due diligence if due to the act or
default of another |
£1000 |
| Selling alcohol to a person aged under 18 |
Any person, a Club, or a person on behalf of a club |
(i) belief that person was over 18 AND either (a) had taken all
steps to establish the age, i.e. was provided with evidence that
would convince any reasonable person or (b) no reasonable person
would have suspected person was under 18; (ii) due diligence where
act or default or another |
£5000 |
| Knowingly allowing the sale or supply of alcohol on relevant
premises to a person aged under 18 |
Any person who works at the Premises in any capacity, whether
paid or unpaid, which authorises him to prevent the supply; any
member or officer of a Club who at the time was present in a
capacity which enabled him to prevent it |
No defence available |
£5000 |
| Knowingly allowing alcohol to be supplied to, or to the order
of, a Club Member who is under 18, or to the order of a Member, to
someone under 18 |
Any person who works at the premises in any capacity, whether
paid or unpaid, which authorises him to prevent the supply; any
member or officer of a Club who at the time was present in a
capacity which enabled him to prevent it |
No defence available |
£5000 |
| Sale or supply of liqueur confectionery to a child under
16 |
Any person, any person on behalf of a Club, a Club |
As for selling alcohol to a person under 18 (but substitute 16
for 18) |
£500 |
| Attempting to buy alcohol when aged under 18 (unless sent by a
constable or Trading Standards Officer) |
Any person aged under 18 |
No defence available |
£1000 |
| Being supplied with alcohol by a Club you are a member of, by
or on behalf of the Club, because of some act or default of yours,
or attempting to have alcohol supplied to you or to your order by
or on behalf of, the Club |
Any person aged under 18 |
No defence available |
£1000 |
| Buying, or attempting to buy, alcohol on behalf of a person
aged under 18 |
Any person |
No reason to suspect person was under 18 |
£5000 |
| Being a Club Member and making an arrangement for alcohol to be
supplied to a person under 18, or attempting to make such
arrangements |
Any Club member |
No reason to suspect person was under 18 |
£5000 |
| Buying, or attempting to buy, alcohol for consumption on
relevant premises by a person aged under 18; or having (by act or
default) alcohol supplied to him or to his order, for consumption
on the premises by a person aged under 18 |
Any person or Club member – but does not apply to a 16/17 year
old drinking beer, wine or cider for consumption with a table meal
on relevant premises when accompanied by a person aged over 18 |
No reason to suspect person was under 18 |
£5000 |
| Knowingly consuming alcohol on relevant premises |
Any person aged under 18 except exemption for 16/17 year olds
as above |
No defence available |
£1000 |
| Knowingly allowing consumption of alcohol on the premises by a
person aged under 18 |
Any person who works at the premises in any capacity, whether
paid or unpaid, which authorises him to prevent the supply; any
member or officer of a Club who at the time was present in a
capacity which enabled him to prevent it |
No defence available |
£5000 |
| Knowingly delivering alcohol sold or supplied on the premises
to a person aged under 18 (also applies to Clubs) |
Any person who works at the premises in any capacity, whether
paid or unpaid |
Delivering to the buyer’s home or work; where the underage
person works at the premises in a capacity that involves alcohol
delivery; or where the alcohol is sold for consumption on the
premises |
£5000 |
| Knowingly allowing someone else to deliver alcohol sold on
relevant premises to a person aged under 18 |
Any person who works at the premises, whether paid or unpaid,
in a capacity that authorises him to prevent the delivery |
As above |
£5000 |
| Knowingly allowing someone else to deliver alcohol sold on the
premises to a person aged under 18 by or on behalf of a Club, or to
the order of a Member |
Any person who works at the premise in a capacity, paid or
unpaid, which authorises him to prevent the supply, and any member
or officer of the Club present at the time in a capacity that
enables him to prevent it |
As above |
£5000 |
| Knowingly sending a child to buy alcohol to be consumed off the
relevant premises; supplying alcohol by or on behalf of a Club for
the same reason (except where instructed by a constable or a
Trading Standards Officer) |
Any person |
No defence available |
£5000 |
| Knowingly allowing a person aged under 18 to sell alcohol or
supply alcohol on behalf of a Club, unless the sale or supply has
been specifically approved by that person – does not apply where
the alcohol is sold for consumption with a table meal in premises
used for the service of table meals (or a part of the premises used
for this), and where the premises are not used for the sale and
supply of alcohol except to persons having table meals as an
ancillary to eating |
Premises Licence Holder; Designated Premises Supervisor; person
aged over 18 authorised by a Premises Licence Holder or DPS; any
member or officer of a Club where present in a capacity which
authorises him to prevent the supply; a Premises User under a
Temporary Event Notice or person aged over 18 authorise for this
purpose by the Premises User |
No defence available |
£200 |
Allerdale Borough Council
