Learner name:

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H/601/7631

VRQ

UV21105

Legal and social responsibilities of a personal licence holder

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VTCT is the specialist awarding body for the Hairdressing, Beauty Therapy, Complementary Therapy, Hospitality and Catering and Sport and Active Leisure sectors, with over 50 years of experience.

VTCT is an awarding body regulated by national organisations including Ofqual, SQA, DfES and CCEA.

VTCT is a registered charity investing in education and skills but also giving to good causes in the area of facial disfigurement.

UV21105Legal and social responsibilities of a personal licence holder

The aim of this unit is to develop your knowledge and understanding of the legal and social responsibilities of a personal licence holder in hospitality organisations.

N.B- All information is correct at time of writing, but it is expected that any changes in legalisation will be reflected in your assessment for this unit.

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Observation(s)

GLH

Credit value

Level

External paper(s)

0

8

1

2

0

On completion of this unit you will:

Learning outcomes Evidence requirements

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1. Understand the nature, purpose and period of validity of a personal licence

2. Understand the application process and legal duties when applying for a personal licence

3. Understand the legal duties of a personal licence holder

4. Understand the roles, responsibilities and functions of licensing authorities

5. Understand the licensing objectives and the importance of partnerships in promoting these objectives

6. Understand the nature and strength of alcohol and the effect on the body

7. Understand the law in relation to premises licences

8. Understand the role and responsibilities of the designated premises supervisor (DPS)

9. Understand the law in relation to temporary event notices

10. Understand the rights and legal duties of the responsible persons in relation to operation of licensed premises

11. Understand the law in relation to the protection of children on licensed premises

12. Understand the powers of the police and other authorities in relation to licensed premises

13. Understand prohibitions and exemptions in relation to licensable activities

1. Knowledge outcomes There must be evidence that you possess all the knowledge and understanding listed in the Knowledge section of this unit. In most cases this can be done by professional discussion and/or oral questioning. Other methods, such as projects, assignments and/or reflective accounts may also be used.

2. Tutor/Assessor guidance You will be guided by your tutor/assessor on how to achieve learning outcomes in this unit. All outcomes must be achieved.

3. External paper There is no external paper requirement for this unit.

3

Legal and social responsibilities of a personal licence holder

Achieving knowledge outcomes

Developing knowledge

You will be guided by your tutor and assessor on the evidence that needs to be produced. Your knowledge and understanding will be assessed using the assessment methods listed below*:

• Projects• Observed work• Witness statements• Audio-visual media • Evidence of prior learning or attainment• Written questions• Oral questions• Assignments• Case studies• Professional discussion

Where applicable your assessor will integrate knowledge outcomes into practical observations through professional discussion and/or oral questioning.

When a criterion has been orally questioned and achieved, your assessor will record this evidence in written form or by other appropriate means. There is no need for you to produce additional evidence as this criterion has already been achieved.

Some knowledge and understanding outcomes may require you to show that you know and understand how to do something. If you have practical evidence from your own work that meets knowledge criteria, then there is no requirement for you to be questioned again on the same topic.

*This is not an exhaustive list.

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Knowledge

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Learning outcome 1

Understand the nature, purpose and period of validity of a personal licence

You can: Portfolio reference

a. State what a personal licence is

b. State what a personal licence entitles the holder to do

c. State the period of validity of a personal licence

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Learning outcome 2

Understand the application process and legal duties when applying for a personal licence

You can: Portfolio reference

a. State the procedures for applying for a personal licence including eligibility criteria for a new personal licence

b. Outline the licensing authorities process for the grant or rejection of new personal licences and renewals

c. Identify who may object to the grant or renewal of a personal licence

d. Define what is meant by the terms ‘relevant offences’ and ‘foreign offences’

e. State the duty of an applicant to declare if they are convicted of any relevant or foreign criminal offences during the application process

f. State the penalty for failing to declare conviction of relevant or foreign offences during the application process

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Learning outcome 3

Understand the legal duties of a personal licence holder

You can: Portfolio reference

a. State the duties of a personal licence holder if charged with a relevant or foreign offence

b. State the duties of a personal licence holder if convicted with a relevant or foreign offence after the licence is granted

c. State the duties of a personal licence holder if a personal licence is renewed, surrendered or revoked

d. State the duties of a personal licence holder if a change of name and/or address occurs

e. State the duties of a personal licence holder if asked to produce the licence by an authorised person

f. State the penalties for breaching any legal duties of a personal licence

g. State the consequences for a personal licence holder if convicted of a drink driving offence

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Learning outcome 4

Understand the roles, responsibilities and functions of licensing authorities

You can: Portfolio reference

a. State what licensing authorities are

b. Outline the roles and responsibilities of licensing authorities

c. Outline what a licensing policy is

d. Outline the purpose of a licensing hearing including appeals

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Learning outcome 5

Understand the licensing objectives and the importance of partnerships in promoting these objectives

You can: Portfolio reference

a. Identify the licensing objectives and their importance to the licensing system

b. State what an operating schedule is

c. State what an operating schedule should include in order to promote the licensing objectives

d. Identify the importance of partnerships in supporting the licensing objectives

e. Identify the role of Crime and Disorder Reduction Partnerships

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Learning outcome 6

Understand the nature and strength of alcohol and the effect on the body

You can: Portfolio reference

a. State the legal definition of alcohol in the Licensing Act 2003

b. State what ‘supply of alcohol’ means

c. State how the strength of an alcoholic drink is measured

d. Define the terms ‘alcohol-free’ and ‘low alcohol’

e. State the UK Government’s sensible drinking advice

f. State the intoxicating nature of alcohol

g. Identify the effects of alcohol on the body

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Learning outcome 7

Understand the law in relation to premises licences

You can: Portfolio reference

a. Explain what a premises licence is

b. State the procedures for a premises licence application

c. State the grounds for a hearing and an appeal in respect of a premises licence application

d. Explain the purposes of a premises licence review

e. State the mandatory conditions attached to all premises licences that authorise the sale of alcohol

f. Identify the 4 licensable activities defined by the Licensing Act 2003

g. State the law in relation to variations to premises licences

h. State the law in relation to what constitutes unauthorised licensable activities

i. Identify what a due diligence defence is and when it may be used

j. State penalties for breaching conditions on a premises licence

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Learning outcome 8

Understand the role and responsibilities of the designated premises supervisor (DPS)

You can: Portfolio reference

a. Outline the job role of the DPS

b. State the responsibility of the DPS to carry out a risk assessment in order to promote the licensing objectives

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Learning outcome 9

Understand the law in relation to temporary event notices

You can: Portfolio reference

a. State what is meant by the term ‘permitted temporary activities’

b. State what a temporary event notice (TEN) is

c. State the law in relation to the frequency of permitted temporary activities

d. State the circumstances under which the police and environmental health officers can object to a TEN

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Learning outcome 10

Understand the rights and legal duties of the responsible persons in relation to operation of licensed premises

You can: Portfolio reference

a. State the duty to refuse the sale of alcohol to a drunken person

b. State the law and industry guidelines on irresponsible drinks promotions

c. Identify anti-violence strategies that can be adopted on licensed premises

d. Identify the consequences of allowing illegal drug use and dealing on licensed premises

e. Identify who is legally responsible for preventing disorderly conduct on licensed premises

f. State penalties for allowing drunk and disorderly conduct on licensed premises

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Learning outcome 11

Understand the law in relation to the protection of children on licensed premises

You can: Portfolio reference

a. State the law in relation to the sale of alcohol to children

b. State the law in relation to the purchase or attempted purchase of alcohol by or for children

c. State the law in relation to the unsupervised sale of alcohol by a child

d. Identify the types and features of acceptable proof of age documents

e. Outline the importance of other legislation related to the protection of children

f. State the law in relation to the presence of children in licensed premises

g. State the law in relation to the consumption of alcohol by children

h. State penalties for breaching the law in relation to the protection of children on licensed premises

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Learning outcome 12

Understand the powers of the police and other authorities in relation to licensed premises

You can: Portfolio reference

a. State the powers of the police to close identified licensed premises in respect of disorder or nuisance

b. State the powers of police to apply for a closure order covering a particular geographical area

c. State the powers of an Environmental Health Officer to close identified licensed premises in relation to noise nuisance

d. Identify which authorities have a right of entry to licensed premises and when they can exercise these rights

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Learning outcome 13

Understand prohibitions and exemptions in relation to licensable activities

You can: Portfolio reference

a. Identify the difference between retail sale and wholesale of alcohol

b. Identify which forms of entertainment are regulated and which are exempt

c. Identify which types of premises are prohibited from selling alcohol

d. State the law in relation to the sale of alcohol on moving vehicles

Outcome 1: Understand the nature, purpose and period of validity of a personal licence

Unit content

This section provides guidance on the recommended knowledge and skills required to enable you to achieve each of the learning outcomes in this unit. Your tutor/assessor will ensure you have the opportunity to cover all of the unit content.

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Personal licence holder: Sell or authorise the sale of alcohol.

Entitlements: The sale or authorisation of the sale of alcohol in accordance with the premises licence.

Period of validity: 10 years.

Outcome 2: Understand the application process and legal duties when applying for a personal licence

Procedures for applying for a personal licence: Only the proposed holder may apply, made to the ‘relevant licensing authority’ where the applicant normally lives, current procedure (send application form together with Criminal Record Bureau certificate, licensing qualification, photograph x2 – one of which to be endorsed, fee), false statements are a criminal offence.

Criteria for the grant of a new licence: Aged 18 or over, have a licensing qualification, has not forfeited a licence within last five years, has not been convicted of any relevant offence or any foreign offence unspent.

Criteria for the grant of a renewal of an existing personal licence: Apply to the ‘relevant licensing authority’ with the existing licence or explanation, can only be made during a two month period beginning three months before expiry date, existing licence continues to have effect.

Objections: Police have right to object if there are relevant convictions, procedures as for initial grant.

Offences: Violence, dishonesty, drugs, firearms, licensing and drink driving offences (only relates to ‘unspent’ convictions), must be declared when applying for grant or renewal to the Licensing Authority.

Penalty for failing to declare conviction of relevant or foreign offences during the application process: Suspension or forfeiture of a personal licence.

Outcome 3: Understand the legal duties of a personal licence holder

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Duties if charged or convicted with a relevant or foreign offence: If charged with relevant offence the personal licence holder (PLH) must inform the court that is dealing with the matter that they are a PLH no later than the first appearance. If convicted of a foreign offence, the PLH must inform the relevant licensing authority. If convicted of a relevant offence, the court will inform the authority of the outcome, if the PLH fails to tell the court of the existence of their licence they must inform the relevant licensing authority.

Duties if a personal licence is renewed, surrendered or revoked: Surrender your licence to the council within 14 days, when required inform the council if you wish to surrender your licence, surrender your old licence on renewal.

Change in name or address: It is an offence to fail to notify the licensing authority of a change of name or address.

Duty to produce a licence: Offences; failure of the personal licence holder to produce a personal licence to the licensing authority within 14 days when requested to do so for updating purposes. Failure of the personal licence holder to produce a personal licence to a police constable or other authorised officer for examination.

Penalties for breaching any legal duties of a personal licence: Most offences will receive a level 2 penalty.

Consequences if convicted of a drink driving offence: Forfeiture of the licence or its suspension for up to 6 months (in addition to any other penalty).

Outcome 4: Understand the roles, responsibilities and functions of licensing authorities

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Licensing authorities: A district council in England and Wales, a county council in England where there are no separate district within the county, a county council or county borough in Wales, the council of each London Borough, the common council of the City of London, the council of the Isles of Scilly.

Roles and responsibilities of licensing authorities: Responsible for all forms of alcohol and entertainment licensing in a geographical area. The Licensing Act 2003 (current legislation at the time of delivery) requires the Licensing Authority to carry out its duties with a view to promoting four licensing objectives of the Act.

Licensing policy: States how the authority will promote the licensing objectives.

Licensing hearing: A hearing will be held when a relevant representation is received. The representation must be about the likely effect of the grant of the licence or variation on the promotion of the licensing objectives, made by an ‘interested party’ or ‘responsible authority’ within the prescribed period. If made by an interested party and they are not frivolous or vexatious, at the hearing the authority can take any of the following steps; grant the licence subject to conditions which it considers necessary to promote the objectives; exclude any of the licensable activities from the scope of the licence, refuse to specify a Designated Premises Supervisor (DPS), reject the applications.

Responsible authorities: Chief officer of police for the area, fire authority, health and safety authority, local planning authority, environmental health department, child protection agency, weights and measures

authority, ‘interested party’ means a member of the authority, a person living in the vicinity of the premises, a body representing persons who live in the vicinity, a person involved in business in that vicinity, a body representing persons involved in such businesses.

Appeal: Any party not satisfied with the decision of the licensing authority may appeal. Appeals lie to the magistrates’ court and must be made within 21 days of notification of the decision, take the form of a complete new hearing, there may be a right of appeal to the High Court by way of ‘judicial review’ in certain limited circumstances.

Outcome 5: Understand the licensing objectives and the importance of partnerships in promoting these objectives

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Licensing objectives: The prevention of crime and disorder, public safety, the prevention of public nuisance, the protection of children from harm.

Importance of licensing objectives: To prevent the serving of alcohol to a companion of a drunk person if the drink is for the drunk person’s consumption, not allow alcohol to be sold to a drunk person, stop alcohol being given to a drunk person.

Operating schedules: Describes how the premises will operate and what activities are proposed.

What an operating schedule should include: A description of the style and character of the business to be conducted on the premises, the type of activities available on the premises, whether licensable or not, the relevant licensable activities to be conducted on the premises, the times during which the relevant licensable activities are to take place (days of week, during particular holiday

periods and during particular seasons), any other times the premises are to be open to the public, where the licence is required for a limited period, that period, where the supply of alcohol is included, the name and address of the designated premises supervisor, where the supply of alcohol is included, whether the alcohol will be supplied for consumption on or off the premises or both, the steps which the applicant proposes to take to promote the licensing objectives.

Importance of partnerships in supporting the licensing objectives: Working in partnership with a range of authorities and organisations will ensure the successful operations of licensing and help with the promotion of the licensing objectives, the partnerships should include local authorities, police, local businesses and residents.

Role of crime and disorder reduction partnerships: To establish and implement local policies to reduce crime and disorder.

Outcome 6: Understand the nature and strength of alcohol and the effect on the body

The legal definition of alcohol: Any drink intended for consumption over 0.5% alcohol by volume (abv).

Supply of alcohol: Sale by retail or supply of alcohol in a club premise to a member of the club.

Strength of alcoholic drinks: Low alcohol (no more than 1.2% abv), alcohol free (no more than 0.05% abv), 1 unit of alcohol = 8 grams of alcohol = 10 millilitres of alcohol.

Spirits (around 40% abv), wines (8 to 16% abv), beers (3 to 8.5% abv).

Alcohol-free and low alcohol: Low alcohol (no more than 1.2% abv), alcohol free (no more than 0.05% abv).

Nature of alcohol: Classed as a drug.

Effects of alcohol on the body: Physical, mental, emotional.

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Outcome 7: Understand the law in relation to premises licences

Premises licence: Allows one or more licensable activities on a named premises.

Procedures for a premises licence application: Operating schedule, plan of the premises, if the licensable activities include the retail sale alcohol, the name of the designated premises supervisor and their consent, the appropriate fee, advertised as prescribed, notified to each responsible authority.

Premises licence: Granted by licensing authority, has no expiry date, applied for by individual or company, includes movable structures and open spaces.

Grounds and procedures for a hearing and appeal: Any party not satisfied with the decision of the licensing authority may appeal, appeals lie to the magistrates’ court, must be made within 21 days of notification of the decision, takes the form of a complete new hearing, there may be a right of appeal to the High Court by way of ‘judicial review’ in certain limited circumstances.

Review of a premises licence: Applies to any premises licence, application may be made at any time, may be made by either an ‘interested party’ or a ‘responsible authority’. Authority may reject the application (if it is not relevant to one of the licensing objectives, it is frivolous, vexatious or repetitious, only if made by an interested party), applicant must give notice with details of the application to the holder of the premises licence and to each responsible authority. The authority must advertise the application and invite representations, authority must hold a hearing to consider the application and any relevant representations, authority may take any of the following steps which

it considers necessary for the promotion of the licensing objectives (modify the conditions of the licence, exclude a licensable activity from its scope, remove the designated premises supervisor, suspend the licence for up to three months, revoke the licence).

Mandatory conditions attached to a premises licence which authorises the sale of alcohol: Where the premises licence authorises the sale of alcohol by retail, no sale of alcohol by retail may be made at a time when there is no designated premises supervisor (DPS) in respect of the premises or at a time when the DPS does not hold a personal licence or it is suspended. Every sale of alcohol by retail under the premises licence must be made or authorised by a person who holds a personal licence, where the premises licence includes a condition that at specified times one or more individuals must be present at the premises to carry out duties as door supervisors, the licence must include a condition that such individuals must be licensed by the Security Industry Authority (SIA). The responsible person must take all reasonable steps to ensure that irresponsible promotions are not carried out, no alcohol dispensed directly into the mouth, free tap water is provided to customers on request, age verification policy in place, smaller measures of beer (half pint), gin/whisky/vodka/rum (25ml or 35ml), wine (125ml) are available.

Activities that are licensable: Sale by retail of alcohol, supply of alcohol in club premises, provision of regulated entertainment, provision of late night refreshment law in relation to variations to premises licences. A premises licence

Outcome 7: Understand the law in relation to premises licences (continued)

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holder can apply at any time to vary a premises licence, variations would include changing conditions, varying hours, changing the DPS, or adding or removing a licensable activity. Small changes such as limited alterations to the actual premises, can be applied for via a minor variation.

Unauthorised licensable activities: They carry on or attempt to carry on a licensable activity other than that in accordance with an appropriate licence, they knowingly allow a licensable activity to be continued.

Defence of due diligence and when it may be used: A due diligence defence can be used when charged with carrying on or attempting to carry on a licensable activity without the appropriate authorisation, selling alcohol without a licence, selling alcohol outside of the hours granted, possessing alcohol with the intent to sell it outside of the appropriate licence.

Defence: That the act was due to a mistake, that the act was due to relying on the actions of another person, that the act was due to some other circumstances and that the licence holder took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Penalty: Carrying on or attempting to carry on a licensable activity without the appropriate authorisation (up to 6 months imprisonment and/or £20,000 fine), knowingly allowing a unlicensed activity to be carried out (up to 6 months’ imprisonment and/or £20,000 fine), selling alcohol without a licence (up to 6 months’ imprisonment and/or £20,000 fine), selling alcohol outside of the hours granted (up to 6 months’ imprisonment and/or £20,000 fine), possessing alcohol with the intent to sell it outside.

Outcome 8: Understand the role and responsibilities of the designated premises supervisor (DPS)

Role of the DPS: The person in day to day control of the premises, single point of accountability if there are any problems.

Responsibility of the DPS to carry out a risk assessment: Forms part of the premises licence application, the person ultimately responsible for conducting risk assessment at licensed premises.

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Permitted temporary activity: A permitted temporary activity is any of the four licensable activities which is/are not covered by an existing licence.

Temporary event notice (TEN): Allows licensable activities to take place in premises not subject to a premises licence or a club premises certificate, or an activity which is not covered by an existing premises licence.

Frequency of permitted temporary activities: Must not exceed 96 hours, only 12 notices for any individual premises, maximum of 15 days for any premises, minimum of 24 hours between events, personal licence holder (50 notices a year), non-licence holder (5 notices per year).

Circumstances: Police may object if satisfied that the crime prevention objective would be undermined.

Outcome 9: Understand the law in relation to temporary event notices

Outcome 10: Understand the rights and legal duties of the responsible persons in relation to operation of licensed premises

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Duty to refuse the sale of alcohol to a drunken person: It is an offence to knowingly sell alcohol to a person who is drunk or appears to be drunk, serve alcohol to a companion of a drunk person if the drink is for the drunk person’s consumption, allow alcohol to be sold to a drunk person, obtain alcohol for a drunk person.

The law on irresponsible promotions: Where the premises licence authorises the sale of alcohol by retail, the responsible person must take all reasonable steps to ensure that irresponsible promotions are not carried out.

Industry guidelines on irresponsible drinks promotions: Portman Group initiatives, British Beer and Pub Association standard for the Management of Responsible Drinks Promotions.

Anti-violence strategies that can be adopted on licensed premises: Professional service, good customer relations, patrols around the premises, well lit premises, understanding the other person’s opinion, good communication skills CCV, SIA licensed door supervisors.

Allowing the use of dealing of illegal drugs on licensed premises: Misuse of Drugs Act 1971, it is an offence to allow premises you occupy or manage to be used unlawfully for the purpose of possession, producing or supplying controlled drugs.

Consequences: Magistrates’ courts, (Class A drug - £5000 fine and/or 6 months’ imprisonment, Class B drug - £5000 fine and/or 6 months’ imprisonment, Class C drug - £2500 fine and/or 3 months’ imprisonment), Crown Court (Class A drug - unlimited fine and/or 14 years’

imprisonment, Class B drug - unlimited fine and/or 14 years’ imprisonment, Class C drug - unlimited fine and/or 14 years’ imprisonment).

Who is legally responsible for preventing disorderly conduct on licensed premises: The premises licence holder, DPS, any personal licence holder working at the premises, whether they are on the premises or not, any person who works at the premises, in a paid or unpaid capacity who had authority to prevent the conduct.

Penalties: For allowing drunk and disorderly conduct on licensed premises, Level 3 fine.

Outcome 11: Understand the law in relation to the protection of children on licensed premises

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The law in relation to the sale of alcohol to children: It is an offence to; sell alcohol to under 18s, persistently sell to under 18s (2 times in 3 months £10k, premises licence suspended for up to 3 months), allowing the sale of alcohol to someone under 18, sending an under 18 to obtain alcohol for consumption off the premises, sale of liqueur confectionary to a person under 16.

The law in relation to the purchase or attempted purchase of alcohol by children: Offence to purchase alcohol by under 18s, purchase alcohol on behalf of an under 18.

Unsupervised sale of alcohol by a child: Offence to knowingly allow an under 18 to sell or supply alcohol, exemptions if sale is specifically approved, alcohol sold for consumption with a table meal.

Proof of age documents: PASS logo, photo driving licence, passport.

Importance of other legislation related to the protection of children: It is also illegal to sell the following to children; cigarettes to a person under the age of 18, solvent-based products where there is a belief that the product would be used for inhalant to a ion or intoxication to a person under the age of 18, gas lighter refills to a person under the age of 18, fireworks to a person under the age of 18, knives to a person under the age of 18, party poppers to a person under the age of 16, liqueur confectionery to a person under the age of 16.

Law in relation to the presence of children in licensed premises: Offences; premises which are used exclusively or primarily for the sale of alcohol by retail

for consumption on the premises, no unaccompanied children under 16 when open, no unaccompanied children under 16 between midnight and 5.00 am.

The law in relation to the consumption of alcohol by children: Offences; consumption of alcohol by someone under 18, allowing consumption of alcohol by someone under 18. Exemptions; alcohol consumed by 16/17 year old with a table meal, beer/cider/wine, alcohol purchased by an accompanying dining adult.

Penalties: £5,000 fine, £10,000 for persistent breaching in regards to sale of alcohol to someone under the age of 18. If committed by under 18 - £1000.00, review of licence, fixed penalty fines (18+ £80, 16-17 - £50, under 16 - £30).

Outcome 12: Understand the powers of the police and other authorities in relation to licensed premises

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Powers of the police to close identified licensed premises in respect of disorder or nuisance: Senior police officer (inspector or above) may make a closure order if he/she reasonably believes that there is or is imminently likely to be disorder on, or in the vicinity of and related to, the premises, and their closure is necessary in the interests of public safety, or a public nuisance is being caused by noise coming from the premises and closure is necessary to prevent that nuisance, Class A drugs and disorder.

Powers of police to apply for a closure order covering a particular geographical area: A police officer of the rank of superintendent or above may apply for an order by magistrates to close all the premises within a specific area for periods of 24 hours to prevent disorder.

Powers of an Environmental Health Officer (EHO) to close identified licensed premises in relation to noise nuisance: An EHO, when authorised by the chief executive of the local authority, can issue a closure order under the Anti-Social Behavior Act 2003 (or), where public nuisance is being caused by noise and closure is necessary to prevent the nuisance.

Authorities that have a right of entry to licensed premises and when they can exercise these rights: To inspect premises; police officer or authorised person (LA, EHO, fire or H&S) at any reasonable time may enter premises subject of an application for grant, variation or review of a licence, certificate or temporary event notice. In order to assess the effects of the application on the licensing objectives, to inspect for

licensable activities, police officer or an authorised person, reason to believe that any premises are being used, or are about to be used, for a licensable activity may enter to see whether the activity is being carried out as authorised. To investigate offences police officer(s) may enter and search any premises in respect of which they have reason to believe that an offence under this act has been, is being or is about to be committed, HM Revenue and Customs (HMRC) officers may enter to remove goods liable to forfeiture (where duty has not been paid, must be accompanied by police at night).

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Difference between retail sale and wholesale of alcohol: Retail sale of alcohol is the sale to any person except a trader for the purposes of their trade, to a club which holds a club premises certificate, to a premises licence holder for the purpose of making sales under that licence, to a personal licence holder for the purpose of making sales under a premises licence, to a premises user under a temporary event notice, the quantity of alcohol sold is not relevant and it must be for consumption off the premises of the seller.

Regulated entertainment: A performance of a play, an exhibition of film, an indoor sporting event, a boxing or wrestling entertainment, a performance of live music, any playing of recorded music, a performance of dance, where the entertainment takes place in the presence of an audience.

Exempt entertainment: Film exhibitions for advertisement, information, education, film exhibitions at museums and art galleries, music (live or recorded) which is incidental to other activities, television or radio receivers, at religious services or places of worship, garden fetes, morris dancing, vehicles in motion.

Premises prohibited from selling alcohol: No alcohol can be sold from a service area or a premises primarily used as a garage (this can be defined by customer usage – many petrol stations are deemed as retail outlets rather than garages because of their high non-petrol sales).

Law in relation to the sale of alcohol on moving vehicles: No alcohol can be sold from a vehicle which is not permanently or temporarily parked.

Outcome 13: Understand prohibitions and exemptions in relation to licensable activities