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Licensing Offences

Summary of Offences under the Licensing Act 2003

All offences under the Act are summary offences, which normally have to be prosecuted within 6 months of the offence. However, by virtue of Section 186 (3) the time limit for laying the information is extended from six months to twelve months from the date of the offence.

The level of standard fines

Level 1: £200
Level 2: £500
Level 3: £1,000
Level 4: £2,500
Level 5: £5,000

Licensing Act 2003 Offences

Section Description of offence Offender Defences/Exceptions Penalty
33 (6) Failure to notify licensing authority of change in name or address of premises licence holder or designated premises supervisor Premises Licence Holder Reasonable Excuse Level 2
40 (2) Failure to notify existing premises supervisor that premises licence has been varied to replace them, or that such application has been refused Premises Licence Holder Reasonable Excuse Level 3
41 (5) Failure to provide premises licence (or statement of reasons for failure to do so) to licensing authority within 14 days of direction following premises supervisor giving notice of intention to cease Premises Licence Holder Reasonable Excuse Level 5
46 (4) Failure to notify designated premises supervisor of application for transfer of premises licence Applicant for transfer of premises licence Reasonable Excuse Level 3
49 (5) Failure to notify designated premises supervisor of interim authority Interim Authority holder Reasonable Excuse Level 3
56 (3) Failure to produce premises licence at request of licensing authority for amendment Premises Licence Holder Reasonable Excuse Level 2
57 (4) Failure to keep premises licence or certified copy at premises and failure to display summary of premises licence or certified copy and notice specifying nominated person Premises Licence Holder Reasonable Excuse Level 2
57 (7) Failure to produce premises licence or certified copy to constable or authorised person for examination Premises Licence Holder or Nominated Person Reasonable Excuse Level 2
59 (5) Obstruction of authorised person entering premises to inspect premises re: grant of licence, provisional statement or review Any Person Lack of intent Level 2
82 (6) Failure to give notice of change of name or alteration of rules of club Secretary of Club None Level 2
83 (6) Failure to give notice of change of registered address of club Secretary of Club Reasonable Excuse Level 2
93 (3) Failure to produce club premises certificate for amendment within 14 days of request by the licensing authority Secretary of Club Reasonable Excuse Level 2
94 (5) Failure to keep club premises certificate (or certified copy) at premises in custody or control of nominated person Secretary of Club Reasonable Excuse Level 2
94 (6) Failure to display at premises summary of club premises certificate (or certified copy) and a notice stating position held by nominated person Nominated Person Reasonable Excuse Level 2
94 (9) Failure to produce club premises certificate (or certified copy) to constable or authorised person for examination Nominated Person Reasonable Excuse Level 2
96 (5) Obstruction of authorised person trying to enter premises for purposes of inspection prior to grant, variation or review of club premises certificate Any Person None, but notice must have been given prior to entry Level 2
108 (3) Obstruction of authorised officer from inspecting temporary event premises to assess impact upon crime prevention objective Any Person Lack of intent Level 2
109 (4) Failure to display copy of temporary event notice, keep notice in custody of premises user (or nominated person at premises) or display notice of who is the nominated person Premises User Reasonable Excuse Level 2
123 (2) Failure to notify licensing authority of conviction for relevant offence or foreign offence as soon as reasonably practicable during grant or renewal application period Applicant for Personal Licence Reasonable Excuse Level 4
127 (4) Failure to notify licensing authority of change of name or address of personal licence holder Personal Licence Holder Reasonable Excuse Level 2
128 (6) Failure to notify court of personal licence or notifiable event when dealt with for relevant offence Personal Licence Holder Reasonable Excuse Level 2
132 (4) Failure to notify licensing authority of conviction for relevant or foreign offence Personal Licence Holder Reasonable Excuse Level 2
134 (5) Failure to produce personal licence within 14 days to licensing authority to be updated Personal Licence Holder Reasonable Excuse Level 2
135 (4) Failure to produce personal licence to authorised person or a constable whilst on premises to make or authorise sale or supply of alcohol Personal Licence Holder Reasonable Excuse Level 2
136 (1) Knowingly allowing or carrying on or attempting to carry on unauthorised licensable activity Any Person (exemptions include persons playing or performing regulated entertainment) Due Diligence 6 months imprisonment and/or UNLIMITED fine
137 (1) Unauthorised exposure for sale by retail of alcohol Any Person Due Diligence 6 months imprisonment and/or £20000 fine and court may order forfeiture 
138 (1) Unauthorised possession of alcohol with intent to sell or supply in club Any Person Due Diligence Level 2 and court may order forfeiture
140 (1) Allowing disorderly conduct on licensed premises Any Person authorised to prevent disorderly conduct Lack of Knowledge Level 3
141 (1) Sale or supply (or attempt) or allowing sale or supply of alcohol to person who is drunk Any Person in capacity to prevent Lack of Knowledge Level 3
142 (1) Obtaining or attempting to obtain alcohol for consumption on relevant premises by drunk person Any Person Lack of Knowledge Level 3
143 (1) Failure to leave licensed premises or attempt to enter premises following request from constable or authorised person to leave or not enter premises Any drunk or disorderly person Reasonable Excuse Level 1
144 (1) Keeping unlawfully imported goods on relevant premises Any person authorised to prevent Lack of Knowledge Level 3
145 (1) Allowing unaccompanied under 16 on relevant premises at a time when alcohol is being supplied Any person authorised to request under 16 to leave premises (1) Lack of knowledge of use of premise for supply of alcohol (2) Due Diligence (3) Belief that individual is over 16 and reasonable steps taken to establish age (4) Under 16 simply passing through and relevant premises is only convenient access Level 3
146 (1) (2) (3) Sale or supply of alcohol to under 18 Any person or a Club (1) Due Diligence (2) Belief that individual is over 18 and reasonable steps taken to establish age UNLIMITED Fine
147 (1) (3) Allowing sale or supply of alcohol to under 18 Any person authorised to prevent Lack of Knowledge UNLIMITED Fine
148 (1) (2) Sale of supply of liqueurs confectionery to under 16 Any person or Club (1) Due Diligence (2) Belief that individual is over 16 and reasonable steps taken to establish age Level 2
149 (1) (3) (4) Purchase/supply (or attempt purchase/supply) of alcohol by or on behalf of under 18 or consumption on relevant premises by under 18 Under 18 or person purchasing on behalf of (1) Exemption if done as part of Test Purchase (2) no reason to suspect under 18 Level 3 (for under 18) Level 5 in all other cases
150 (1) (2) Consumption on relevant premises of alcohol by under 18 or knowingly allowing consumption to occur Under 18 or person in capacity to prevent (1) Lack of Knowledge (2) Table Meal exception Level 3 (for under 18) UNLIMITED fine in all other cases
151 (1) Delivering alcohol sold or supplied on relevant premises to under 18 Person working on premises (1) Lack of Knowledge (2) exception in S 151 (6) Level 5
152 (1) Sending an under 18 to obtain alcohol sold or supplied on relevant premises for consumption off the premises Any person (1) Lack of Knowledge (2) Exemption if done as part of Test Purchase (3) Under 18 works on relevant premises in capacity involving delivery of alcohol Level 5
153 (1) Allowing on relevant premises an under 18 to sell or supply alcohol Responsible Person (1) Lack of Knowledge (2) Exception if sold or supplied as accompanied to table meal (3) Sale or supply specifically approved by responsible person Level 1
156 (1) Sale or alcohol in or from moving vehicle Any person Due Dilligence 3 months imprisonment and/or £20000 fine
157 (5) Sale or attempting sale or allowing sale of alcohol on train contrary to prohibition order Any person Lack of Knowledge 3 months imprisonment and/or £20000 fine
158 (1) False statement in connection with licensing application Any person Lack of knowledge or recklessness Level 5
160 (4) Keeping premises open, or allowing premises to be kept open in breach of a closure order in respect of an identified area Manager, premises licence holder, designated premises supervisor or premises user for temporary event Lack of knowledge Level 3
161 (6) Permitting premises to be open in contravention of a closure order for specified premises Any person Reasonable Excuse 3 months imprisonment and/or £20000 fine
165 (7) Permitting premises to be open in contravention of magistrates' closure order Any Person Reasonable Excuse 3 months imprisonment and/or £20000 fine
168 (8) Permitting premises to be open in contravention of magistrates' closure order pending reconsideration of conditions Any Person Reasonable Excuse 3 months imprisonment and/or £20000 fine
179 (4) Obstructing entry of a constable or authorised person to premises to investigate whether licensable activity is being carried out in accordance with an authorisation Any Person Lack of Intent Level 3