A licensee with a criminal record?

[Vivkins3]

Can somebody be a licensee (to serve alcohol in a restaurant) is they have a criminal record?

[Vivkins3]

"IF" they have a criminal record that is ...

[WyeDyed]

It all depends on the nature of the crime and how old the conviction is.

[Vivkins3]

It was a case of criminal damage and he was fined £500 with £500 costs, £15 victim surcharge, £325 compensation to the victim and bound over to keep the peace for one year in the sum of £1000. The conviction took place today.

[WyeDyed]

In that case there will be a wait of 5 years, if memory serves me correctly, before he can apply for a licence.
Check here for the Rehabilitation of Criminals Act 1974:
http://www.legislation.gov.uk/ukpga/1974/53
And here for some useful Q&As re Licensing:
http://www.cpltraining.co.uk/help/help.aspx#q3

[JonnyBoy12]

They all have a criminal record in my opinion. They are all guilty of the crime of overcharging for booze.

Anyone like to back me up here?

[EDDIE51]

I have a personal licence to serve alcohol . I am required to tell the licencing authority (local council) if I get ANY criminal convictions. I think they then decide if the licence can continue or will be cancelled.
So the landlord has to tell the authority that issued his licence what he is convicted of. In the case you describe I would think it VERY unlikedly he will keep his licence .
To hold a personal licence you need a clear CRB check so the police will object if this person continues to serve alcohol.

[EDDIE51]

Actually I am slightly wrong. A personll licence holder is require to tell the court that they are a licence holder when they are charged with ANY criminal offence. If found guilty the court will confiscate the licence and the holder has to apply to the police to get it back. So if this licensee did not do that they are already committing an offence.

[Vivkins3]

Thank you for your answers.

So this guy will almost certainly lose his licence and it will already have been confiscated by the Court. So what would have happened if his restaurant served alcohol last night? Would that have been an offence?

I'm assuming that he will simply get his wife or son or other family member to take over the licence ... or isn't it as simple as that?

[EDDIE51]

He can get another person to hold the licence , as long as there is someone there who holds a licence that is ok. But the resturaunt will not be able to serve alcohol until they get another Licence holder to take over.The resturant / bar/ or what ever must have a licence and the name of the licence holder must be displayed on it. So the resturaunt needs to get it's licence altered as well .

[Vivkins3]

Thanks very much. I'm interested to know where this restaurant is - is there a list of registered license holders or something like that?

[WyeDyed]

Vivkins3 - When I first read your post I assumed you were referring to a person applying for a licence, Eddi51 has correctly answered your OP.
There a two things necessary to serve alcohol: A Premises Licence and a Designated Premises Supervisor (DPS) if the person you mentioned is the restaurant owner they may well be both of these. In which case he will have to move quickly to find another licensee to replace him.
Any concerns about his operating should be directed towards your local council licensing department or the police licensing officer. Most local forces have a non emergency telephone number or check their web site.

[Vivkins3]

Thanks very much for all your help. I'm guessing there is no sort of central register of licence holders ... even within councils.

[EDDIE51]

Yes there is a register of licence holders , the local council/ licencing justices / police keep it.
If the person you are talking about has been convicted , you can report this to the police and or local licencing authority who will investigate.
The restaurant MUST have a premises licence which has to be on display where it can easily be seen. This premises licence has to show the name, address and contact details of the premises supervisor . Without this or if any details are incorrect the premises CAN NOT sell alcohol ! Serving alcohol without a licence is a serious offence , anyone including staff who serves alcohol in a premeses without a licence is liable to a £50 fine . This even applies to a temporary waiter/ waitress who just happens to take a bottle of wine / beer to a table. The premises owner is liable to a £50,000 fine AND 6 months in jail ! plus they will never get a licence again.
This is not bullsh!t, I actually know a man who owned a bar/restaurant who was convicted of criminal damage . He had to close down until his wife passed her personal licence holder course and was able to take over the running of the place.