The following Corporate Crime practice note produced in partnership with Jonathan Smith of Poppleston Allen provides comprehensive and up to date legal information covering:
All of the offences under the Licensing Act 2003 (LA 2003) are summary-only offences, triable only in the magistrates' court, which normally have to be prosecuted within six months of the offence being committed. However, s 186(3) states that the time limit for laying an information is extended from six months to twelve months from the date of the offence.
Licensing Authorities, the police or the local Weights and Measures Authority can prosecute people for any of the offences contained in the Act. If prosecuted the court may also order the forfeiture of a personal licence or suspend it for up to six months and also order forfeiture of any goods concerned (eg alcohol). If convicted of a relevant offence as defined by section 113(1), the police may raise objections to the defendant applying for a personal licence, and the Licensing Authority must hold a hearing to consider whether they should be granted a personal licence. Alternatively, section 124 provides that should a Licensing Authority become aware that a personal licence holder was convicted of a relevant offence during the period of their application, the police can request their licence be revoked. Other than section 124 there is no power for the Licensing Authority to revoke, forfeit or suspend a personal licence. See Practice Note: Children and alcohol
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