Criminal Conviction- food

[martin_s]

I was recently convicted of a food offense that was committed in 2006. I got convicted for 5 years, by way of fine. 2 questions:

1. Does the conviction start from the date of offense (2006) or date of sentence (2007)?

2. If I applied for an alcohol licence, would I be in with a chance, or automatically refused? I used to hold one, but didn't re-apply when the licencing act changed in 2005.

[loonytunes]

I don't understand what you mean by being convicted for 5 years. If you were fined, this offence will not be spent for 5 years, assuming you are not convicted of other offences.

Without knowing what the food offence was, it is unlikely that this will count against you in obtaining permission to sell alcohol. You can apply for a Premises Licence and have tons of convictions, the Licensing Authority cannot take them into account. However, to get a Personal Licence, which you need to be a Designated Premises Sopervisor, relevant convictions (listed in the Licensing Act 2003) MAY prevent you. The only food related convictions which are relevant are:-

An offence under either of the following provisions of the Food Safety Act 1990 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).

These will only be relevant to your application if the Police believe is is a problem. You do NOT need a Personal Licence to run a premises, you can employ a PL holder to supervise for you.

I think you have no problem but further information would be useful.

[martin_s]

loonytunes,

yes, I meant it won't be spent for 5 years, but what I meant was does the 5 year period start from 2006 or 2007?

Also, the conviction wasn't related to licencing, it was a kitchen cleanliness issue.

[loonytunes]

Applies from the date of conviction. You appear to be in the clear for obtaining a licence as this conviction is not relevant.