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Personal licence - relevant offences
Relevant Offences are those listed in the Licensing
Act 2003 (the Act) that could, on conviction, prevent the
grant or renewal of a Personal Licence to the applicant
The offences include:
- those involving serious crime;
- those involving serious dishonesty;
- those involving controlled drugs;
- certain sexual offences;
- offences created by the Act.
When applying for the grant or renewal of a Personal Licence,
the applicant must include details of any Relevant or Foreign
Offences for which they have been convicted or in the case of
applications for the renewal of a licence, have been convicted
since the grant of the last renewal of the licence.
This is an offence listed in Schedule 4 of the Act. The Secretary of
State may, by order, amend that list so as to add, modify or omit
This is an offence other than a Relevant Offence under the law
of any place outside England and Wales.
A conviction for a Relevant or Foreign Offence must be
disregarded if it is spent for the purposes of the Rehabilitation of
Offenders Act 1974 .
Duty to notify the licensing authority of convictions during
Where an applicant for the grant or renewal of a personal
licence is convicted of a Relevant Offence or a Foreign Offence
during the application period, they must notify the conviction to
the authority to which the application was made as soon as
A person commits an offence if they fail to comply without a
reasonable excuse. If a person is found guilty, they are liable to
a fine not exceeding level 4 on the standard scale, currently
Personal Licence Relevant Offences
(Schedule 4 section 113)
1. An offence under this Act.
2. An offence under any of the following
(a) Schedule 12 to the London Government Act
1963 (public entertainment licensing)
(b) Licensing Act
(c) Private Places of
Entertainment (Licensing) Act 1967
(d) Section 13 of the Theatres Act
(e) Late Night
Refreshment Houses Act 1969
(f) Section 6 of or Schedule 1 to the
Government (Miscellaneous Provisions) Act 1982
(g) Licensing (Occasional
Permissions) Act 1983
(h) Cinemas Act
(i) London Local Authorities Act
3. An offence under the Firearms Act
4. An offence under section 1 of the Trade Descriptions
Act 1968 (false trade description of goods) in
circumstances where the goods in question are or include
5. An offence under any of the following provisions
of the Theft Act
(a) section 1 - theft.
(b) section 8 - robbery.
(c) section 9 - burglary.
(d) section 10 - aggravated burglary.
(e) section 11 - removal of articles from
places open to the public.
(f) section 12a - aggravated vehicle taking
in circumstances where subsection (2)(b) of that section applies
and the accident caused the death of any person.
(g) section 13 - abstracting of
(h) section 15 - obtaining property by
(i) section 15a - obtaining a money transfer
(j) section 16 - obtaining pecuniary
advantage by deception.
(k) section 17 - false accounting.
(l) section 19 - false statements by company
(m) section 20 - suppression of
(n) section 21 - blackmail.
(o) section 22 - handling stolen
(p) section 24a - dishonestly retaining
a wrongful credit.
(q) section 25 - going equipped for
6.An offence under section 7(2) of the Gaming Act
1968 - allowing a child to take part in gaming on premises
licensed for the sale of alcohol.
7. An offence under any of the following provisions of the
Misuse of Drugs Act 1971:
(a) section 4(2) -production of a controlled
(b) section 4(3) - supply of a controlled
(c) section 5(3) - possession of a
controlled drug with intent to supply.
(d) section 8 - permitting activities to
take place on premises.
8. An offence under either of the following provisions of the
(a) section 1 - obtaining services by
(b) section 2 - evasion of liability by
9. An offence under either of the following provisions of the
Customs and Excise
Management Act 1979:
(a) section 170 -fraudulent evasion of duty
disregarding subsection (1a).
(b) section 170b - taking preparatory steps
for evasion of duty.
10. An offence under either of the following provisions of the
Tobacco Products Duty
(a) section 8G - possession and sale of
(b) section 8H - use of premises for sale of
11. An offence under the Forgery and
Counterfeiting Act 1981 (other than an offence under
section 18 or 19 of that Act)
12. An offence under the Firearms
(Amendment) Act 1988
13. An offence under any of the following provisions of the
Designs and Patents Act 1988:
(a) section 107(1)(d)(iii) - public
exhibition in the course of a business or article infringing
(b) section 107(3) - infringement of
copyright by public performance of work.
(c) section 198(2) - broadcast etc. or
recording of performance made without sufficient consent.
(d) section 297(1) - fraudulent reception of
(e) section 297a(1) - supply etc of
14. An offence under any of the following provisions of the
(a) section 3a - causing death by careless
driving while under the influence of drink or drugs.
(b) section 4 - driving etc. a vehicle when
under the influence of drink or drugs.
(c) section 5 - driving etc. a vehicle with
alcohol concentration above prescribed limit.
15. An offence under either of the following provisions of the
Act 1990 in circumstances where the food in question is or
(a) section 14 - selling food or drink not
of the nature, substance or quality demanded.
(b) section 15 - falsely describing or
presenting food or drink.
16. An offence under section 92(1) or (2) of the Trade Marks
Act 1994 (unauthorised use of a trade mark, etc. in
relation to goods) in circumstances where the goods in
questionnaire or include alcohol.
17. An offence under the Firearms
(Amendment) Act 1997
18. A sexual offence, within the meaning of section 161(2) of
of Criminal Courts (Sentencing) Act 2000
19. A violent offence, within the meaning of section 161(3) of
the Powers of Criminal Courts (Sentencing) Act 2000.
20. An offence under section 3 of the Private
Security Industry Act 2001 engaging in certain activities
relating to security without a licence.
The information above is not legal advice. Legislation and
procedures may change over time and the advice given is based on
the information available at the current time. It is not
necessarily comprehensive and will be subject to revision in the
event of further government guidance and regulations. This advice
is not intended to be a definitive guide to or substitute for the
The council is happy to provide information but cannot give
advice on individual applications. Please seek legal and
For more information contact Licensing Unit by
telephone: Licensing Services - 01634 337107 or 337108 /
Enforcement - 01634 337112 or 337106 or by email: firstname.lastname@example.org
Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road,
Chatham, Kent ME4 4TR