‘Relevant offence’ refers to the offences listed in the Act that could, on conviction, rule out 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
Generally, in summary, the offences relate to:
- offences under the Licensing Act 2003
- offences under the current licensing enactments e.g. Licensing Act 1964, Late Night Refreshment Act 1969 etc
- offences under the Firearms Act 1968
- offences under the Trade Descriptions Act 1968 (where goods are or include alcohol)
- offences under the Theft act, including deception
- offences under the Gaming Act 1968 (a child taking part in gaming on liquor-licensed premises)
- offences under the Misuse of Drugs Act 1971
- offences under the Theft Act 1978
- offences under the Customs and Excise Management Act 1979
- offences under the Tobacco Products Duty Act 1979
- offences under the Forgery and Counterfeiting Act 1981
- offences under the Firearms (Amendment) Act 1988
- offences under the Copyright, Designs and Patents Act 1988
- offences under the Road Traffic Act 1988 (drink-driving)
- offences under the Food Safety Act
- offences under the Trade Marks act 1994 (where goods are or include alcohol)
- offences under the Firearms (Amendment) Act 1997
- sexual offences
- violent offences
- offences under the Private Security Industry Act 2001
- offences under the Gambling Act 2005
- offences under the Fraud Act 2006
- offences under the Business Protection from Misleading Marketing Regulations 2008 (where the advertising relates to alcohol or goods that include alcohol)
- offences under the Consumer Protection from Unfair Trading Regulations 2008 (where directly connected the promotion, sales or supply of alcohol or of a product that includes alcohol)
In addition to declaring all ‘relevant offences’, applicants must include details of any foreign offences for which they have been convicted or, in the case of applications for the renewal of the licence, have been convicted since the grant or last renewal of the licence.
Convictions for offences (other than relevant offences) under the law of any place outside England and Wales, including other parts of the United Kingdom such as Scotland and Northern Ireland, are counted as foreign offences. Details of these will also need to be given. The reason for the separate terms is that offences under the law of places outside England and Wales, which are equivalent to relevant offences, will not necessarily exist in exactly the same form as relevant offences.
Each personal licence application will have to include details of records of any relevant or foreign offence for which the applicant has been convicted. The licensing authority must give notice, where an applicant has been convicted of a relevant or foreign offence, to the chief officer of police for that area. The police will then consider the conviction.For relevant offences the police will consult either their own records or those of the relevant police force if the offence was committed in a different area. The chief officer of police will then notify the licensing authority if he is satisfied that granting or renewing the personal licence would undermine the licensing objective of preventing crime and disorder. For foreign offences the police will take steps to contact their counterparts in the region or country where the conviction occurred.
If you are charged with a relevant offence, you must produce your personal licence to the court. If that is not practical, you must tell the court that you have a personal licence; the issuing authority, and why you can’t produce the licence. If you are convicted, the Court will notify the relevant licensing authority about the conviction, and may order the forfeiture or suspension of the licence.Failure to produce, or notify the court about your licence, without reasonable excuse, is an offence under section 128 of the Act. The sentence on conviction of this offence is a fine of up to £500, and could result in the forfeiture or suspension of the licence.
This is an offence (see above). It also becomes your duty to notify the licensing authority that granted the licence of the conviction for the relevant offence, and any sentence imposed. This notice must be accompanied by the personal licence, or a statement explaining why it was not enclosed. Failure to do this, without reasonable excuse, is an offence. The sentence on conviction of this offence is a fine of up to £500, and could result in the forfeiture or suspension of the licence.
You must notify the licensing authority that granted the licence of the conviction, and any sentence imposed. This notice must be accompanied by the personal licence, or a statement explaining why it was not enclosed. Failure to do so, without reasonable excuse, is an offence. The sentence on conviction of this offence is a fine of up to £500 and could result in the court ordering the forfeiture or suspension of the licence.
You must notify the licensing authority applied to of the conviction. Failure to do so, without reasonable excuse, is an offence. The sentence on conviction of this offence is a fine of up to £2500.
The Act makes provision for cases where appeals are made against convictions.