Personal licences

Right to Work in the United Kingdom

Any person applying for a personal licence must provide proof that they are eligible to reside and work in the UK. Proof of residence is now a mandatory requirement for all new personal licence applications. If you fail to provide such documentation, then we will not begin processing your licence application until you do so.

It should also be noted that if a person ceases to have the right to live and work within the UK, any personal licence issued will lapse. Therefore, it is incumbent on the applicant to ensure that any documents are supplied to us as soon as possible if their right to live and work in the UK expires midway through a licence period.

Your right to work will be checked as part of your personal licence application and this could involve us checking your immigration status with the Home Office. We may otherwise share information with the Home Office.

All nationals

All nationals will need to prove your right to work to an employer.

Common travel area information for UK and Irish citizens.

List of acceptable documents for Right to Work check.

How to apply

All applicants for a personal licence must:

• be ordinarily resident in the Derby City Council area
• be over 18
• hold a relevant licensing qualification
• provide a criminal record check that is no more than a month old
• provide two passport-sized photographs
• provide a disclosure of convictions and declaration
• submit a correctly completed application form
• submit right to work/immigration status documentation.

Your licence will be issued within three months of receipt by us.

You must complete the Personal Licence - new application form and Personal licence disclosure form and send these with the relevant payment‌.

Our licensing payments page explains how to pay for a licence. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Please submit your application form(s) together with the fee and any supporting documentation if applicable. Failure to do this will result in your application being rejected and you will be required to re-submit all the necessary documentation at the same time. If your payment is received prior to you submitting your application then please forward the receipt with the application form or write the receipt number on the application form to enable us to process your application.

You must hold a licensing qualification that has been accredited by the Secretary of State, or an equivalent qualification. The Home Secretary has accredited the following accredited personal licence qualification providers.

Other personal licence qualification providers

This list is for guidance only and inclusion on the list implies no recommendation from the Council.  For an up to date list of approved training providers please contact the relevant Qualification Board. Courses will be run locally or online.

New applicants may obtain their criminal record check from the Disclosure and Barring Service.

Your disclosure is only valid for 28 days from the date that the disclosure was issued by Disclosure and Barring Service.

The only type of disclosure check we can accept for a personal alcohol licence is a basic criminal record check, we cannot accept a standard or enhanced disclosure check.

Two photographs must be submitted, which must:

• contrast against the background
• measure 45mm x 35mm
• show the full face uncovered and without sunglasses and, unless the applicant wears a head covering due to their religious beliefs, without a head covering
• have one of the photos endorsed as a true likeness of the applicant by a solicitor or notary, professional person, or a person of standing in the community.

Your licence are valid indefinitely, unless it is:

• surrendered by yourself
• suspended, revoked or declared forfeit by a court
• time limited due to Right to Work documentation

Complete the Personal licence - application for replacement licence and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them.

If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Please submit your application form(s) together with the fee and any supporting documentation if applicable. Failure to do this will result in your application being rejected and you will be required to re-submit all the necessary documentation at the same time. If your payment is received prior to you submitting your application then please forward the receipt with the application form or write the receipt number on the application form to enable us to process your application.

If you are changing your name / address as a Designated Premises Supervisor (DPS) then you will be required to change your details on the premises licence. If you are a DPS in another local authority you will need to ensure that you notify them of the amendment.

If the premises falls within the remit of Derby City Council, go to our Premises licences page and scroll down to section ‘ My DPS has changed their name/residential address. How do I get my premises licence amended’ and complete the application form and payment details.

Complete the ‌Personal licence - notification of change of name or address and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them.

If you have paid by debit / credit card or by Bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Please submit your application forms together with the fee and any supporting documentation if applicable. Failure to do this will result in your application being rejected and you will be required to re-submit all the necessary documentation at the same time.

Please note, we will not be able to process your application to notify your change of name / address until you have returned the personal licence card to us at the Licensing team, Derby City Council, Council House, Corporation Street, Derby, DE1 2FS.

If your payment is received prior to you submitting your application then please forward the receipt with the application form or write the receipt number on the application form to enable us to process your application.

Under section 127 of the Licensing Act 2003 it is a requirement for you to update us with your new address.

Failure to comply with the above legislation is an offence and may result in a fine of £500.

Relevant convictions are listed in the Relevant and Foreign offences section.

If applicable, you must notify us within 14 days of your conviction by completing the Personal licence - notification of conviction of relevant offence form.

Personal licence holders have a duty under the Licensing Act 2003 to produce their licence at the first appearance to the Magistrates Court if charged with Relevant and Foreign offences.

Failure to provide the Court with the necessary details of a personal licence may lead to a fine. On conviction, the court may order you to forfeit your licence, or may suspend it for up to 6 months.

What happens if there are any objections to my application?

The Chief Officer of Police may object if you have a conviction for a relevant offence. They may also object if they consider the granting of a personal licence would undermine the Crime Prevention objective.

If an objection is received the Council must hold a hearing, you will be notified of the date, time and location.

If no objection is received your licence will be granted and it will be sent to the address you have supplied on your application form.

As a personal licence holder it is your duty under section 128 of the Licensing Act 2003 to notify the court, at the start of any proceedings for a relevant offence (as defined by schedule 4 of the act, see below), that you are a personal licence holder.

If convicted of a relevant offence you must disclose to the Local Authority, who issued your licence, that you have been convicted.

Failure to inform the Court that you are a personal licence holder or failure to disclose to the Local Authority you have been convicted of a relevant offence may mean you are liable for a fine not exceeding £500 on conviction and your licence may be suspended or forfeited.

Relevant and Foreign Offences

Relevant offences are the offences listed under Schedule 4 to the Licensing Act 2003.  A foreign offence is an offence (other than a relevant offence) under the law of any place outside England and Wales, including other parts of the United Kingdom, such as Scotland.

You do not need to provide details of convictions for relevant or foreign offences which are spent for the purposes of the Rehabilitation of Offenders Act 1974.

For foreign offences you must fill out the foreign offence section on the form.

List of Offences

1. An offence under this Act.

2. An offence under any of the following enactments—

(a) Schedule 12 to the London Government Act 1963 (c. 33) (public entertainment licensing);

(b) the Licensing Act 1964 (c. 26);

(c) the Private Places of Entertainment (Licensing) Act 1967 (c. 19);

(d) section 13 of the Theatres Act 1968 (c. 54);

(e) the Late Night Refreshment Houses Act 1969 (c. 53);

(f) section 6 of, or Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30);

(g) the Licensing (Occasional Permissions) Act 1983 (c. 24);

(h) the Cinemas Act 1985 (c. 13);

(i) the London Local Authorities Act 1990 (c. vii).

3. An offence under the Firearms Act 1968 (c. 27).

4. An offence under section 1 of the Trade Descriptions Act 1968 (c. 29) (false trade description of goods) in circumstances where the goods in question are or include alcohol.

5. An offence under any of the following provisions of the Theft Act 1968 (c. 60)—

(a) section 1 (theft);

(b) section 8 (robbery);

(c) section 9 (burglary);

(d) section 10 (aggravated burglary);

(e) section 11 (removal of articles from places open to the public);

(f) section 12A (aggravated vehicle-taking), in circumstances where subsection (2)(b) of that section applies and the accident caused the death of any person;

(g) section 13 (abstracting of electricity);

(h) section 15 (obtaining property by deception);

(i) section 15A (obtaining a money transfer by deception);

(j) section 16 (obtaining pecuniary advantage by deception);

(k) section 17 (false accounting);

(l) section 19 (false statements by company directors etc.);

(m) section 20 (suppression, etc. of documents);

(n) section 21 (blackmail);

(o) section 22 (handling stolen goods);

(p) section 24A (dishonestly retaining a wrongful credit);

(q) section 25 (going equipped for stealing etc.).

6. An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing child to take part in gaming on premises licensed for the sale of alcohol).

7. An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) (production of a controlled drug);

(b) section 4(3) (supply of a controlled drug);

(c) section 5(3) (possession of a controlled drug with intent to supply);

(d) section 8 (permitting activities to take place on premises).

7A. An offence under any of the Immigration Acts.

8. An offence under either of the following provisions of the Theft Act 1978 (c. 31)—

(a) section 1 (obtaining services by deception);

(b) section 2 (evasion of liability by deception).

9. An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2)—

(a) section 170 (disregarding subsection (1)(a)) (fraudulent evasion of duty etc.);

(b) section 170B (taking preparatory steps for evasion of duty).

10. An offence under either of the following provisions of the Tobacco Products Duty Act 1979 (c. 7)—

(a) section 8G (possession and sale of unmarked tobacco);

(b) section 8H (use of premises for sale of unmarked tobacco).

11. An offence under the Forgery and Counterfeiting Act 1981 (c. 45) (other than an offence under section 18 or 19 of that Act).

12. An offence under the Firearms (Amendment) Act 1988 (c. 45).

13. An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

(a) section 107(1)(d)(iii) (public exhibition in the course of a business of article infringing copyright);

(b) section 107(3) (infringement of copyright by public performance of work etc.);

(c) section 198(2) (broadcast etc. of recording of performance made without sufficient consent);

(d) section 297(1) (fraudulent reception of transmission);

(e) section 297A(1) (supply etc. of unauthorised decoder).

14. An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

(a) section 3A (causing death by careless driving while under the influence of drink or drugs);

(b) section 4 (driving etc. a vehicle when under the influence of drink or drugs);

(c) section 5 (driving etc. a vehicle with alcohol concentration above prescribed limit).

(d) section 6(6) (failing to co-operate with a preliminary test).

15. An offence under either of the following provisions of the Food Safety Act 1990 (c. 16) in circumstances where the food in question is or includes alcohol—

(a) section 14 (selling food or drink not of the nature, substance or quality demanded);

(b) section 15 (falsely describing or presenting food or drink).

16. An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark, etc. in relation to goods) in circumstances where the goods in question are or include alcohol.

17. An offence under the Firearms (Amendment) Act 1997 (c. 5).

18. A sexual offence, being an offence —

(a) listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 F4, other than the offence mentioned in paragraph 95 (an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts));

(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of notification and orders);

(b) an offence under section 8 of the Sexual Offences Act 1956 (intercourse with a defective);

(c) an offence under section 18 of the Sexual Offences Act 1956 (fraudulent abduction of an heiress).

19. A violent offence, being any offence which leads, or is intended or likely to lead, to a person's death or to physical injury to a person, including an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).

19A. An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences).

20. An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (engaging in certain activities relating to security without a licence).

21. An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

22. An offence under the Fraud Act 2006.

22ZA. An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(a) section 28 (using someone to mind a weapon);

(b) section 36 (manufacture, import and sale of realistic imitation firearms).

22A. An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

23. An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.

23A. An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 4 (producing a psychoactive substance);

(b) section 5 (supplying, or offering to supply, a psychoactive substance);

(c) section 7 (possession of psychoactive substance with intent to supply);

(d) section 8 (importing or exporting a psychoactive substance).

23B. An offence listed in section 41 of the Counter-Terrorism Act 2008 (terrorism offences).

24. An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.

25. An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.

26. The offence at common law of conspiracy to defraud.

The Rehabilitation of Offenders Act 1974 provides that after a certain amount of time, dependent upon the nature of the sentence given, convictions for offences are to be regarded as ‘spent’ and will be disregarded when we consider applications. Some examples of when convictions become ‘spent’ are set out below. Please note that it is the time elapsed from the conviction date which is assessed, not the offence date.

*Custodial sentence includes a sentence of imprisonment (both an immediate custodial sentence and a suspended sentence), a sentence of detention in a young offender institution, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order, a sentence of youth custody, a sentence of corrective training and a sentence of Borstal training.

**In relation to any community or youth rehabilitation order which has no specified end date, the rehabilitation period is 2 years from the date of conviction.

The following table sets out the rehabilitation period for sentences which do not have “buffer periods” and for which the rehabilitation period runs from the date of conviction.

*Compensation Orders– it is important that individuals obtain proof of payment from the court and keep this document to prove that the compensation order has been paid in full.

Further information may be obtained from the Ministry of Justice guidance on the Rehabilitation of Offenders Act, or from a legal adviser.

Your licence are valid indefinitely, unless it is:

• surrendered by yourself
• suspended, revoked or declared forfeit by a court
• time limited due to Right to Work documentation

Any business buying alcohol from a UK wholesaler for onward supply to their customers will need to check that their wholesaler has been approved by HM Revenue and Customs (HMRC) under the Alcohol Wholesaler Registration Scheme (AWRS).