Licensing Law

19th July 2017
Licensing Law image

Licensing Law Question and Answer

What are the Licensing Objectives?

The Licensing Objectives are the 4 key elements that all Licensing Decisions will have regard to.

The Licensing Objectives are:
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance; and
The protection of children from harm.

What is a Premises Licence?

This is a Licence that covers the actual Premises. If the Premises are sold or transferred the Premises Licence will remain although there will need to be an application to change the Premises Licence Holder. The Licence will detail things such as opening hours and any conditions upon the Licence. A Premises Licence is required if the Premises undertake any licensable activity such as the supply of alcohol, the supply of hot food after 11pm or the provision of regulated entertainment.

What is a Personal Licence?

The system is split into 2 parts with a Licence for individuals as well as for the Premises. For a Premises to supply alcohol they will need a Designated Premises Supervisor who will need to hold a Personal Licence. Any person who is over 18 and who has passed an accredited licensing qualification may apply to the Licensing Authority for the area in which they reside for a Personal Licence. It is normally expected that they have no convictions for a relevant offence.

What is the Designated Premises Supervisor?

The Designated Premises Supervisor (often shortened to DPS) is named on the Premises Licence and must hold a Personal Licence. They are the person who is responsible for the day to day control of the Premises. They are the ones who will be held responsible for any failings and so could be prosecuted for allowing the supply of alcohol to a person under 18 even if they were not present when the sale or supply took place.

Must the DPS always be present?

No. They are expected to be in control and to know their responsibilities but they need not always be present. Indeed it is possible to be DPS on more than one Premises Licence. It will be expected that the DPS has ensured that all staff have been trained and are aware of their responsibilities.

What happens if a DPS is convicted of an offence?

It will depend on the nature of the conviction and the punishment imposed but the Personal Licence may be revoked. We would strongly advise that you seek immediate legal advice if you are a DPS who is arrested or charged with any offence.

Can we change the hours or conditions on the Premises Licence?

Yes it is possible to apply to extend the hours by making an application to vary the Premises Licence. Often Premises have accepted shorter hours or onerous conditions as a compromise to ensure that the initial Licence was granted as soon as possible. The application process is similar to applying for a new Premises Licence and so it must be advertised and there will be a 28 day period in which responsible authorities such as the police, trading standards and certain departments of the local council may object. Other interested parties such as local residents may also object. If there are no objections the variation should be granted. If there are objections there may be discussions as to whether a compromise can be reached but if not the matter will be heard by the Licensing Authority. The application will have in mind the 4 Licensing Objectives and any decision will have to have regard to these. It may be the case that an extension of hours may be agreed if other conditions are met such as minimum staffing levels, provision of CCTV or agreement to provide SIA registered Door Supervisors.

Should you have any query in respect of Licensing matters please do not hesitate to contact us on 01775 722261 or email to daven.naghen@maplessolicitors.com


Property Protection Trusts image

Property Protection Trusts

Property Protection Trusts and Protecting your Property from Care Home Fees

Many people are concerned that as they get older, they may need to move into a care home and the cost of such care can be very expensive. Many people are therefore looking for ways to protect their assets from care home fees.

In recent years “Property Protection Trusts” have been promoted as being the failsafe, guaranteed way of protecting your property from care home fees. Many companies promoting such trusts are unregulated and their products such as Property Protection Trusts are being promoted and sold by sometimes nothing more than a very persuasive salesperson.

It is likely that your home is your largest asset and you should be very cautious before making any decisions with regard to your largest asset and the roof over your head. Indeed a Property Protection Trust may not even protect your home from being sold to pay for care fees or could cause tax implications and therefore it is very important that you take advice from one of our lawyers before making any decisions with regard to such Property Protection Trusts.

These Trusts can be brought to people’s attention either from cold calling, arranging home visits and sometimes even from kiosks or stalls in public areas. The people “selling” Property Protection Trusts to you can be very persuasive and may not be providing you with correct information or all of the information you should have before making a decision regarding your property. Their fees are often excessive.

In some cases, these companies even offer Lasting Powers of Attorney at what they claim to be a reduced rate. People should take caution as these “cheap” Lasting Powers of Attorney often result in being more expensive than our own charges and the companies involved often do not provide the correct advice or the necessary advice for you.

If you have been contacted by someone discussing Property Protection Trusts and would like to discuss this further with one of the lawyers in the Wills and Probate Department of this firm or you have already created a Property Protection Trust but would like to take further advice then please contact one of our lawyers in the Wills and Probate Department:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office 01775 722261 and ask to speak with one of the team.

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Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!