Ancillary Orders Consultation

Closes 4 Dec 2024

Forfeiture or suspension of personal licence (supply of alcohol) - Licensing Act 2003

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Licensing Act 2003, Part 6

Availability

A personal licence is a licence granted by a licensing authority to an individual which authorises them to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.

Where the holder of a personal licence is convicted of a relevant offence the court may:

  • order the forfeiture of the licence or
  • order its suspension for a period not exceeding 6 months.

 

A relevant offence is one listed in Schedule 4.

Considerations

The court may take account of any previous conviction for a relevant offence.

Further actions for the court

Where the holder of a personal licence is convicted of a relevant offence the court must (as soon as reasonably practicable) send the relevant licensing authority a notice specifying

  • the name and address of the relevant person
  • the nature and date of the conviction, and
  • any sentence passed in respect of it, including whether an order was made to forfeit or suspend the licence, and send a copy of the notice to the relevant person.

Sentencing guidelines that will include a drop down of this guidance:

  • ABH
  • Abstracting electricity
  • Affray
  • Aggravated burglary
  • Aggravated vehicle taking
  • Alcohol sale offences
  • Any specified sexual offences (as set out in Part 2 schedule 15 Criminal Justice Act 2003)
  • Arson
  • Arson/ criminal damage with intent to endanger life or reckless as to whether life endangered
  • Assault with intent to resist arrest
  • Blackmail
  • Burglary
  • Causing death by careless driving while under the influence of drink or drugs
  • Causing death by dangerous driving
  • Causing death by driving when under influence
  • Causing death by driving: disqualified driver
  • Causing explosion likely to endanger life
  • Causing or allowing a child to die
  • Collection of terrorist information
  • Cruelty to children
  • Encouragement of terrorism
  • Excess alcohol (drive/ attempt to drive)
  • Excess alcohol (in charge)
  • Fail to provide specimen (driving)
  • Fail to provide specimen (in charge)
  • Failing to protect a girl from risk of FGM
  • Failure to disclose information about acts of terrorism
  • False Imprisonment
  • Firearms- possession with intent (s18 Firearms Act 1968)
  • Fraud Act offences
  • Funding terrorism
  • Going equipped
  • Handling stolen goods
  • Kidnap
  • Manslaughter
  • Modern Slavery s1 and 2
  • Non fatal strangulation
  • Permitting premises to be used (in relation to drug/ psychoactive substance offences)
  • Possession for terrorist purposes
  • Possession of firearm with intent to cause fear of violence
  • Preparation of terrorist acts
  • Production of drugs/ psychoactive substance
  • Proscribed organisations – membership
  • Proscribed organisations - support
  • Racially or religiously aggravated assaults
  • Racially or religiously aggravated s4/ s4A Public Order Act
  • Riot
  • Robbery
  • Section 18 Offences against the Person Act
  • Section 20 Offences against the Person Act
  • Stalking
  • Supply/ possession with intent to supply drugs/ psychoactive substance
  • Theft
  • Threats to kill
  • Unauthorised use of trade mark, etc. in relation to goods
  • Unfit through drink/ drugs (drive/ attempt to drive)
  • Unfit through drink/ drugs (in charge)
  • Violent disorder

 

19. Do you have any comments on the content of the forfeiture or suspension of a personal licence order guidance, or on the list of sentencing guidelines which will include this guidance?