The Licensing Act 2003 (Personal licences) Regulations 2005
| Year | 2005 |
2005 No. 41
LICENCES AND LICENSING
The Licensing Act 2003 (Personal licences) Regulations 2005
Made 12th January 2005
Laid before Parliament 13th January 2005
Coming into force 7th February 2005
The Secretary of State, in exercise of the powers conferred upon her by sections 120(2)(b), 125(4) and 133(1) of the Licensing Act 20031, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Licensing Act 2003 (Personal licences) Regulations 2005 and shall come into force on 7th February 2005.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Licensing Act 2003;
“legible in all material respects” means that the information contained in the application is available to the recipient to no lesser extent than it would be if it were given by means of a document in written form;
“person of standing in the community” includes a bank or building society official, a police officer, a civil servant or a minister of religion; and
“prescribed fee” in relation to an application, shall be the fee for such application calculated in accordance with the regulations made by the Secretary of State under Part 6 of the Act.
Scope
3. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act.
Person to whom a personal licence may be granted who does not possess a licensing qualification
4.—(1) The following persons are prescribed for the purposes of section 120(2)(b) of the Act—
(a)
(a) a member of the company of the Master, Wardens, Freemen and Commonalty of the Mistery of the Vintners of the City of London;
(b)
(b) a person operating under a licence granted by the University of Cambridge;or
(c)
(c) a person operating premises under a licence granted by the Board of the Green Cloth.
Form of personal licence
5. A personal licence shall be in the form of a physical document in two separate parts and shall contain—
(a) in the first part, the matters referred to in section 125(2) of the Act, a photograph of the holder, a number allocated by the licensing authority that is unique to the licence, an identifier for the licensing authority granting the licence and the date of the expiry of the licence and this part shall be produced in durable form and shall be of a size no larger than 70 millimetres by 100 millimetres, and
(b) in the second part, the matters referred to in section 125(3) of the Act and the matters referred to in (a) except that the photograph of the holder shall be omitted.
Application for grant or renewal of a personal licence
6.—(1) Except in the case of an application for the grant of a personal licence by the holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005, in which case the provisions of regulation 8 shall apply, an application for the grant of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 1 to these Regulations and shall be accompanied by the prescribed fee.
(2) An application for the renewal of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee.
7.—(1) An application made under regulation 6(1) or 6(2) shall be accompanied by the following documents—
(a)
(a) two photographs of the applicant, which shall be—
(i) taken against a light background so that the applicant’s features are distinguishable and contrast against the background,
(ii) 45 millimetres by 35 millimetres,
(iii) full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering,
(iv) on photographic paper, and
(v) one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification; and
(b)
(b) either—
(i) a criminal conviction certificate issued under section 112 of the Police Act 19972,
(ii) a criminal record certificate issued under section 113A of the Police Act 1997, or
(iii) the results of a subject access search under the Data Protection Act 19983of the Police...
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