Latest Licensing News (Increased Fines & Pass Card goes live)
PASS Card Goes Live
Posted: 10 Jun 2014 05:00 PM PDT
Further to our news article of 7 May 2014, we confirm that PASS was re-launched on the 10 June with the new standardised PASS card. The new scheme is supported by the Home Office, Trading Standards Institute, Security Industry Authority and ACPO. Numerous Police forces confirmed on the day support in favour of this form of ID and gave strong advice against the practice of carrying valuable ID such as passports which, if lost or stolen, can be used by criminals as well as causing inconvenience and costs to those who have to replace them.
The new standardised design is shown below and further details can be found at http://www.pass-scheme.org.uk/new-pass-card/.
Operators are recommended to follow the five step PASS process:
- Check the design – does it conform to the template?
- Check the hologram – is it genuine?
- Check the photo – does it match the card holder?
- Check the card – has it been tampered with?
- Check the person – are you totally satisfied?
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Magistrates’ Court fines – proposed increase
Posted: 09 Jun 2014 05:00 PM PDT
It has been reported that the Government is considering raising the maximum limits in relation to the standard scale for fines, effectively quadrupling them in most instances with a suggestion of providing Magistrates with unlimited fining powers where these are currently set at a maximum of £5,000 or more.
The following tables summarises the current and proposed position:
| Scale Level |
Maximum fine – current |
Maximum fine – proposed |
| 1 |
£200 |
£800 |
| 2 |
£500 |
£2,000 |
| 3 |
£1,000 |
£4,000 |
| 4 |
£2,500 |
£10,000 |
| 5 |
£5,000 |
Unlimited |
The vast majority of offences under the Licensing Act 2003 would be affected by such changes and the following table includes the most notable.
| Offence |
LA 2003 (section) |
Level |
| Failure to leave licensed premises on request when drunk or disorderly |
s.143 |
Level 1 |
| Unsupervised sales by children |
s.153 |
Level 1 |
| Failure of premises licence holder to update name or address |
s.33 |
Level 2 |
| Failure to display or produce premises licence |
s.57 |
Level 2 |
| Failure to produce personal licence |
s.135 |
Level 2 |
| Failure of personal licence holder to update name or address |
s.127 |
Level 2 |
| Failure to produce personal licence to Court when charged with a relevant offence |
s.128 |
Level 2 |
| Keeping alcohol on premises for unauthorised sale |
s.138 |
Level 2 |
| Allowing disorderly conduct on licensed premises |
s.140 |
Level 3 |
| Sale of alcohol to a person who is drunk |
s.141 |
Level 3 |
| Obtaining alcohol for a person who is drunk |
s.142 |
Level 3 |
| Permitting unaccompanied under 16s on certain premises |
s.145 |
Level 3 |
| Purchase of alcohol by children |
s.149 |
Level 3 |
| Under 18 knowingly consuming alcohol on relevant premises |
s.150 |
Level 3 |
| Obstructing an authorised person investigating licensable activities |
s.179 |
Level 3 |
| Failure to notify licensing authority of relevant convictions during personal licence application period |
s.123 |
Level 4 |
| Sale of alcohol to children |
s.146 |
Level 5 |
| Allowing the sale of alcohol to children |
s.147 |
Level 5 |
| Purchase of alcohol on behalf of children |
s.149 |
Level 5 |
| Knowingly allowing the consumption of alcohol on relevant premises by children |
s.150 |
Level 5 |
| Delivering alcohol to children |
s.151 |
Level 5 |
| Sending a child to obtain alcohol |
s.152 |
Level 5 |
| Knowingly or recklessly making a false statement in connection with applications |
s.158 |
Level 5 |
 
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