Personal Licence - New application

Disclosure of offences

1.Relevant or foreign offences

Relevant offences are the offences listed in Schedule 4 to the Licensing Act 2003.

The meaning of foreign offence is dealt with in section 113 of the Licensing Act 2003.

If you are the holder of a justices’ licence and you are applying for a personal licence under regulation 8 of the Licensing Act (Personal licences) Regulations 2005 see paragraphs 23 and 28 in Part 3 of Schedule 8 to the Licensing Act 2003 for the information you are required to give.

If you are convicted of any relevant or foreign offence during the period between when your application is made and when your application is determined or withdrawn, you must notify the authority to which your application was made. Failure to do so without reasonable excuse could lead to prosecution and a fine not exceeding level 4 on the standard scale.

2.Civil immigration penalty

An Immigration penalty means a penalty under either section 15 of the Immigration, Asylum and Nationality Act 2006 or section 23 of the Immigration Act 2014.

You will need to upload the supporting evidence for this application on the next page. Please upload:

• A copy of a passport style photo, endorsed as a true likeness.
• A copy of your Basic DBS certificate (must be less than 31-days old)
• A copy of your licensing qualification (unless you are a person of presceibed description)
• A copy of your right to work evidence (unless proving right to work using a Home Office share code)

It is an offence, under section 158 of the Licensing Act 2003, knowingly or recklessly to make a false statement in or in connection with an application for the grant of a personal licence. A person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement. To do so could result in prosecution and a fine of any amount.

Please read the following guidance notes before completing the form.

Information on the Licensing Act 2003 is available on legislation.gov.uk or from your local licensing authority.

1. Licensing qualifications

Licensing qualifications are dealt with in section 120(8) and (9) of the Licensing Act 2003.

2. Right to work/immigration status

A personal licence may not be issued to an individual or an individual in a partnership which is not a limited liability partnership who is resident in the UK who:

does not have the right to live and work in the UK; or

is subject to a condition preventing him or her from doing work relating to the carrying on of a licensable activity.

Any personal licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK.

Applicants must demonstrate that they have the right to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity.

They do this in one of two ways:

1) by providing with this application copies or scanned copies of the documents which an applicant has provided, to demonstrate their entitlement to work in the UK (which do not need to be certified) as per information published on gov.uk and in guidance.

2) by providing their ‘share code’ to enable the licensing authority to carry out a check using the Home Office online right to work checking service (see below).

It is an offence under Section 24B of the Immigration Act 1971 to work illegally.

You may only hold one personal licence at a time

Home Office online right to work checking service.

As an alternative to providing a copy of original documents, applicants may demonstrate their right to work by allowing the licensing authority to carry out a check with the Home Office online right to work checking service.

To demonstrate their right to work via the Home Office online right to work checking service, applicants should include in this application their share code, provided to them upon accessing the service at https://www.gov.uk/prove-right-to-work) which, along with the applicant’s date of birth, will allow the licensing authority to carry out the check.

In order to establish the applicant’s right to work, the check will need to indicate that the applicant is allowed to work in the United Kingdom and is not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity.

An online check will not be possible in all circumstances because not all applicants will have an immigration status that can be shared digitally. The Home Office online right to work checking service sets out what information and/or documentation applicants will need in order to access the service. Applicants who are unable to obtain a share code from the service should submit copies of documents as set out above.

Your right to work will be checked as part of your licensing application and this could involve us checking your immigration status with the Home Office. We may otherwise share information with the Home Office. Your licence application will not be determined until you have complied with this guidance.

Please check our website for up to date guidance on which right to work evidence documents are suitable.

You will need to upload your right to work documents later in the form.

Important

You can upload up to 25 files. You cannot upload video files; supported file types are bmp, csv, doc, docx, xls, xlsx, pdf, mail, email, gif, jpg, jpeg, png, html, rar, rtf, txt, tiff, xml, zip, msg, dwg, ppt, pptx.

You will not be able to submit your evidence online if:

• you try to upload more than 25 files
• the total size of all the files you upload is more than 35mb

We check your files for viruses before we accept them. It may take a few minutes to scan your files. Do not refresh the page before the scanning has finished, as you may lose the information and have to start again.

Please make sure the whole of the document can be seen and the image is clear. In some cases, we may still ask to see the original document(s).

You need to click the Browse button to find and select your files. You can then pick a category for each one (if available) and click the Upload button.