Poor advice adds to
transition confusion
By now, many readers will have received a bundle of information from their local council on the new licensing regime. It will include a number of different forms and instructions and for this reason will take some time to understand, because not all of them are relevant to existing licence holders.
I have noticed in the past few weeks that licensees are stillconfused about the relationship between the personal licence and the premises licence. They continue to think that there is a direct link. It is important to realise that there isn't.
I have to say that the situation has not been helped by some councils giving out quite misleading information, such as: "you must get back your new personal licence before you can apply for a premises licence"; "you must give the number of your personal licence on the premises form, or it is invalid"; alternatively, "you must send your personal and premises licence applications at the same time, or the premises licence will be delayed".
This has led several existing licensees to think that they have to fill in their personal details on p2 of the premises application form, even though they are not applying as an individual, but through the company or as a partnership.
I am not surprised, therefore, that a high percentage of forms are being returned as invalid. If a local council takes the strict view, and conflicting information is supplied on the form, then they will reject it.
Another common mistake is to assume that the personal application form contained in the pack must be the right one for you. Not necessarily so. First of all, you need the transition application, not the brand new personal application. There are a number of licensees who now think they must rush off and take the new National Certificatefor Personal Licence Holders (NCPLH) exam or equivalent, because the form they have read tells them so. They also think they need a complete criminal record check on the same form.
Not so. The one to fill in is headed differently and refers to section 117 of the 2003 Act. This is the one that gives you "grandfather rights" and converts your existing justices' licence to a personal licence for yourself.
The new personal licence, when it arrives, will not showthe name of your pub. This is not relevant, any more than your driving licence should show the name of the car you drive at the moment.
The personal licence shows you are qualified to run licensed premises. That is all.
Do remember to get one of your passport photos clearly endorsed on the back. The signature and the status should be recognisable, or else the authority may reject it. And sign the application form in both places, not just in one. This has also led to rejections.
Another problem which has already arisen is the failure to supply consent forms. These are additional forms that are needed even if the running of the pub is in the same hands as before. For example, where there are two names on the licence, and the application is made by one of the licensees, or by their jointly held company, the consent of the licence-holders for this to be done is required on a separate form. The application is defective if these separate forms are not received.
Similarly, not only do you have to give the name of thedesignated premises supervisor (DPS) in two places on the main premises application, but you must also send a consent form signed by that person, consenting to be the DPS. Again, the application will be defective if that is not included.
Yes, I know. This was meant to be easy and straightforward. The number of returned applications should at least give the Department for Culture, Media & Sport some cause for concern. But it probably won't.
