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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 concerned.

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.

Relevant Offence

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 any entry.

Foreign Offence

This is an offence other than a Relevant Offence under the law of any place outside England and Wales.

Spent conviction

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 application period

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 reasonably practicable.

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 £2,500.

Personal Licence Relevant Offences (Schedule 4 section 113)

 

1.    An offence under this Act.

2.    An offence under any of the following enactments:

(a) Schedule 12 to the London Government Act 1963 (public entertainment licensing)

(b) Licensing Act 1964

(c) Private Places of Entertainment (Licensing) Act 1967

(d) Section 13 of the Theatres Act 1968

(e) Late Night Refreshment Houses Act 1969

(f) Section 6 of or Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982

(g) Licensing (Occasional Permissions) Act 1983

(h) Cinemas Act 1985

(i) London Local Authorities Act 1990

3.  An offence under the Firearms Act 1968

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 alcohol.

5.  An offence under any of the following provisions of the Theft Act 1968

(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 electricity.

(h) section 15 - obtaining property by deception.

(i) section 15a - obtaining a money transfer by deception.

(j) section 16 - obtaining pecuniary advantage by deception.

(k) section 17 - false accounting.

(l) section 19 - false statements by company directors etc.

(m) section 20 - suppression of documents.

(n) section 21 - blackmail.

(o) section 22 - handling stolen goods.

(p) section 24a - dishonestly retaining a wrongful credit.

(q) section 25 - going equipped for stealing etc.

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 drug

(b) section 4(3) - supply of a controlled drug.

(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 Theft Act 1978:

(a) section 1 - obtaining services by deception.

(b) section 2 - evasion of liability by deception.

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 Act 1979:

(a) section 8G - possession and sale of unmarked tobacco.

(b) section 8H - use of premises for sale of unmarked tobacco.

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 Copyright, Designs and Patents Act 1988:

(a) section 107(1)(d)(iii) - public exhibition in the course of a business or article infringing copyright.

(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 transmission.

(e) section 297a(1) - supply etc of unauthorised decoder.

14. An offence under any of the following provisions of the Road Traffic Act 1988:

(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 Food Safety Act 1990 in circumstances where the food in question is or includes alcohol:

(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 the Powers 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.

Please note

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 relevant law.

The council is happy to provide information but cannot give advice on individual applications. Please seek legal and professional advice.

 

For more information contact Licensing Unit by telephone: Licensing Services - 01634 337107 or 337108 / Enforcement - 01634 337112 or 337106 or by email: licensing@medway.gov.uk

Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR