The Licensing Act 2003 and its objectives
The Licensing Act 2003 controls the sale and supply of alcohol, regulated entertainment and late night refreshment in England and Wales. Scotland and Northern Ireland have their own laws.
The four licensing objectives
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
The four objectives are of equal importance. Every decision a licensing authority makes must promote them, and every condition on a licence should be linked to at least one of them. When you answer exam questions, think about which objective a rule protects.
Licensable activities
| Licensable activity | What it covers |
|---|---|
| Sale by retail of alcohol | Selling alcohol to the public, in a pub, shop, restaurant or online |
| Supply of alcohol in a club | A members' club supplying alcohol to its members and guests |
| Regulated entertainment | For example plays, films, indoor sport, boxing or wrestling, live and recorded music, and dance, unless an exemption applies |
| Late night refreshment | Supplying hot food or hot drink to the public between 23:00 and 05:00 |
Under the Act, alcohol means drinks with a strength of more than 0.5% ABV. Late night refreshment is supplied when the food or drink is handed over, not when it is paid for.
Licensing authorities, policy and guidance
The licensing authorities are local councils: district and borough councils, unitary councils, London boroughs and Welsh county councils. They grant premises licences, club premises certificates and personal licences, and they receive temporary event notices.
- Each authority must publish a statement of licensing policy at least every five years and keep it under review.
- Decisions are made by a licensing committee (10 to 15 councillors), usually through sub-committees of three.
- The Home Office issues guidance under section 182 of the Act. Licensing authorities must have regard to it. A revised version was published in September 2026.
- Anyone unhappy with a decision can appeal to a magistrates' court, normally within 21 days.
Responsible authorities
Responsible authorities are public bodies that must be told about applications and can make representations. They include the police, the fire and rescue authority, environmental health, planning, trading standards, the body responsible for child protection, public health, the licensing authority itself and the Home Office (Immigration Enforcement). Members of the public and businesses can also make representations; the Act calls them "other persons".
Personal licences
A personal licence authorises a person to sell or authorise the sale of alcohol under a premises licence. It belongs to the person, not the building, so it is portable: you can use it at any licensed premises in England and Wales.
Who can get one
- You must be 18 or over.
- You must hold an accredited licensing qualification, such as the APLH, or be a prescribed person.
- You must not have forfeited a personal licence in the last five years.
- You must be entitled to work in the UK. Since 6 April 2017, applications from people without the right to work must be rejected. If your permission to stay is time-limited, the licence stops being valid when it ends.
- You must give details of any relevant or foreign offences, usually with a basic DBS certificate. If you have an unspent relevant offence, the police can object on crime prevention grounds, and you are entitled to a hearing.
You apply to the licensing authority for the area where you normally live. If you do not live in England or Wales, you can apply to any licensing authority there.
How long it lasts
Since the Deregulation Act 2015, personal licences do not need renewing. A licence stays valid until it is surrendered, suspended, revoked or forfeited.
Duties of a personal licence holder
- Tell the licensing authority about any change of name or address.
- Tell the court that you hold a personal licence if you are charged with a relevant offence, and tell the licensing authority if you are convicted.
- Produce your licence when a police officer or authorised officer asks, while you are at premises to make or authorise sales.
Losing a licence
A court that convicts you of a relevant offence can order your licence to be forfeited or suspended for up to six months. The licensing authority also has its own power to suspend a licence for up to six months or to revoke it.
Premises licences and the DPS
A premises licence authorises licensable activities at a particular place. The application includes an operating schedule (what will happen, when, and the steps to promote the objectives) and a plan of the premises.
How an application works
- The applicant sends the application to the licensing authority and copies to the responsible authorities.
- A notice is displayed at the premises and advertised in a local newspaper.
- Responsible authorities and other persons have 28 consecutive days to make representations.
- If relevant representations are made and not withdrawn, the authority holds a hearing.
- The authority grants the licence, with or without extra conditions, or refuses it.
Most premises licences have no end date. They continue until they are revoked, surrendered or lapse, unless granted for a limited time. An annual fee must be paid.
The designated premises supervisor (DPS)
- Every premises licence that authorises alcohol sales must name a DPS.
- The DPS must hold a personal licence.
- There can be only one DPS at a time for each premises licence, usually the person in day-to-day charge.
- A DPS can supervise more than one premises and does not have to be present at all times.
- The premises licence holder applies to change the DPS.
Two mandatory conditions come from the Act itself: no alcohol may be supplied when there is no DPS, or when the DPS does not hold a valid personal licence; and every sale must be made or authorised by a personal licence holder. Community premises, such as village halls, can apply to replace the DPS with their management committee.
Reviews
Any responsible authority or other person can apply for a review when premises are causing problems. After a hearing, the authority can change conditions, remove an activity, remove the DPS, suspend the licence for up to three months, or revoke it. For serious crime or serious disorder, the police can ask for a summary review, and the authority must consider interim steps within 48 hours.
Clubs
A qualifying members' club uses a club premises certificate instead of a premises licence. It does not need a DPS, and its supplies of alcohol do not need to be authorised by a personal licence holder.
Temporary event notices (TENs)
A temporary event notice lets someone carry out licensable activities for a short event without a premises licence. The person giving the notice is the premises user and must be 18 or over.
| TEN rule | Limit |
|---|---|
| People at the event | Fewer than 500 at any time (499 maximum), including staff |
| Length of each event | Up to 168 hours (7 days) |
| TENs per premises per year | 15 |
| Days per premises per year | 21 in total |
| TENs per person per year | 50 for a personal licence holder; 5 for others |
| Late TENs per person per year | 10 for a personal licence holder; 2 for others |
| Standard notice | At least 10 clear working days before the event |
| Late TEN notice | Between 9 and 5 clear working days before the event |
| Gap between events at the same premises | At least 24 hours |
Only the police and environmental health can object, within 3 working days of receiving the notice. If they object to a standard TEN, a hearing is held at least 24 hours before the event. Sales under a TEN do not need a DPS or personal licence authorisation.
Mandatory conditions and age checks
Every premises licence and club premises certificate that authorises alcohol sales carries mandatory conditions set by law.
Age verification
The licence holder must ensure an age verification policy is in place, and the DPS must ensure alcohol is supplied in line with it. The policy must require anyone who appears to be under 18, or a higher age set by the policy, to show ID with a photograph, date of birth, and a holographic mark or ultraviolet feature. Examples are a passport, a photocard driving licence or a proof-of-age card with the PASS hologram. Many premises use Challenge 21 or Challenge 25 to give a safety margin.
Since the conditions were updated, a policy may also allow digital ID, but only through an agreement with a registered digital verification provider, and the policy must explain what happens when a customer wants to use digital ID.
Other mandatory conditions
- No irresponsible promotions, such as drinking games, unlimited drink deals that risk the objectives, rewards for drinking a lot in 24 hours or less, or posters that glamorise drunkenness.
- No pouring alcohol directly into someone's mouth, unless they cannot drink unaided because of a disability.
- Free drinking water on request, where reasonably available.
- Small measures for drinks consumed on the premises: beer or cider in half pints, gin, rum, vodka and whisky in 25 ml or 35 ml, and still wine in a 125 ml glass. They must be shown on menus or price lists, and customers who do not ask for a size must be told about them.
- No sale below the permitted price, which is the alcohol duty plus VAT on that duty.
Offences: children, drunkenness and unlicensed activity
Children and alcohol
| Section | Offence |
|---|---|
| 145 | Allowing unaccompanied children under 16 into premises used mainly for drinking on site, or into any premises open for on-sales between midnight and 5 a.m. |
| 146 | Selling alcohol to a person under 18 |
| 147A | Persistently selling alcohol to children: unlawful sales on 2 or more occasions within 3 consecutive months at the same premises |
| 149 | Buying or trying to buy alcohol for a person under 18 (proxy sales), or a child buying alcohol |
| 150 | A child knowingly drinking alcohol on relevant premises, or allowing it |
| 151 | Knowingly delivering alcohol to a child, or allowing it |
| 152 | Sending a child to obtain alcohol |
| 153 | Allowing a person under 18 to make a sale that an adult has not specifically approved |
There is one important exception: a 16 or 17-year-old may drink beer, wine or cider with a table meal if an adult aged 18 or over is with them and buys it. Separately, giving alcohol to a child under 5 is an offence under the Children and Young Persons Act 1933, except on medical orders or in an emergency.
For a sale to a child, the seller has a defence if they took all reasonable precautions and exercised all due diligence, or if they believed the person was 18 or over after asking for evidence of age that would have convinced a reasonable person. Good records, staff training and a refusals log help prove due diligence.
For persistent selling, the offence is committed by the premises licence holder (or the premises user under a TEN). The court can suspend the alcohol part of the licence for up to three months.
Drunkenness and disorder
- Section 140: knowingly allowing disorderly conduct on the premises.
- Section 141: knowingly selling alcohol to a person who is drunk.
- Section 142: knowingly obtaining alcohol for a person who is drunk.
- Section 143: a drunk or disorderly person refusing to leave when asked by a police officer or a member of staff.
Unlicensed activity
Carrying on a licensable activity without a licence, certificate or TEN, or breaking its terms, is an offence under section 136. The penalty can be a fine, up to six months in prison, or both. It is also an offence to keep smuggled goods on licensed premises.
Police and enforcement powers
- Entry: police officers and authorised persons, such as licensing, fire and environmental health officers, can enter premises to check that activities follow the licence.
- Objections: the police can object to personal licence applications from people with relevant offences, and to TENs.
- Reviews: the police can apply for a review, or a summary review for serious crime or serious disorder.
- Closure notices: under the Anti-social Behaviour, Crime and Policing Act 2014, a police inspector or the council can close premises for up to 24 hours because of nuisance or disorder. A superintendent or council chief executive can extend this to 48 hours.
- Closure orders: a magistrates' court can then make a closure order for up to three months.
Trading standards and the police often carry out test purchases with young volunteers to check that premises refuse sales to under-18s. Failed test purchases can lead to prosecution, fines and reviews.
Alcohol, units and the body
One UK unit is 10 ml (8 g) of pure alcohol. To work out units, multiply the strength (ABV %) by the volume in ml and divide by 1,000.
| Drink | Units |
|---|---|
| Pint (568 ml) of 5% beer | About 2.8 |
| Single 25 ml measure of 40% spirit | 1 |
| 175 ml glass of 12% wine | About 2.1 |
| 125 ml glass of 12% wine | About 1.5 |
| 750 ml bottle of 12% wine | 9 |
The UK Chief Medical Officers advise men and women not to drink more than 14 units a week on a regular basis, spread over three or more days. The body processes roughly one unit an hour, and only time lowers the amount of alcohol in the blood. Coffee and cold showers do not.
What affects how drunk someone gets
- How much and how fast they drink.
- Whether they have eaten: food slows absorption.
- Body size, sex and general health.
- Medicines and other drugs, which can make the effects stronger.
Signs of drunkenness
Watch for slurred speech, glazed eyes, poor coordination, and loud, over-friendly or aggressive behaviour. Refuse further service politely and firmly, tell other staff, offer water or soft drinks, and record the refusal in the refusals log.
How Scotland is different
The APLH covers England and Wales. Scotland has its own law, the Licensing (Scotland) Act 2005, and its own personal licence qualification. If you work in Scotland, learn these differences:
| Topic | England and Wales | Scotland |
|---|---|---|
| Main law | Licensing Act 2003 | Licensing (Scotland) Act 2005 |
| Licensing objectives | 4 | 5, including protecting and improving public health |
| Who decides | Licensing authority (council) | Licensing Board |
| Person in charge of a premises | Designated premises supervisor | Premises manager |
| Personal licence length | No expiry date | 10 years |
| Refresher training | Not required by law | Evidence needed in each 5-year period, or the licence is revoked |
| Age verification | At least anyone who looks under 18 | Anyone who looks under 25 (Challenge 25 is law) |
The APLH exam
The Level 2 Award for Personal Licence Holders can be taken in a classroom or by e-learning with a remotely invigilated exam. The exam has 40 multiple-choice questions, you have one hour, and you need 70% (28 correct) to pass. Topics include the nature and length of the personal licence, applying for it, the duties of a licence holder, licensing authorities, premises licences, alcohol and its effects, and the protection of children.
- Pass the APLH (or another accredited licensing qualification).
- Get a basic DBS certificate.
- Apply to your local licensing authority with your certificate, photos, proof of the right to work and the fee.
- Wait for the police to check for relevant offences. If they object, there is a hearing.
- Receive your personal licence. Keep your contact details up to date with the council.
Sources
- Home Office: Revised guidance issued under section 182 of the Licensing Act 2003 (September 2026)
- GOV.UK: Personal licence to sell alcohol
- GOV.UK: Temporary events notice
- Licensing Act 2003
- Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010, Schedule (as amended)
- Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014, Schedule (permitted price)
- Licensing Act 2003, section 147A (persistently selling alcohol to children)
- Anti-social Behaviour, Crime and Policing Act 2014, sections 76 to 80 (closure powers)
- Cheltenham Borough Council: Level 2 Award for Personal Licence Holders (APLH)
- NHS: Calculating alcohol units
- Licensing (Scotland) Act 2005
- Licensing (Scotland) Act 2005, section 87 (refresher training)