Published: 06 December 2016
Q: Unfortunately, I have a DR10 conviction from last Christmas. I am currently banned from driving, as I was over the limit the morning after a work Christmas party. I have just been promoted to Assistant Manager in our nightclub and my employer has asked me to obtain a personal licence. I am now concerned that my drink driving conviction will prevent me from obtaining a personal licence and could negatively impact on my career within the licence trade. Does the conviction prevent me from obtaining a personal licence?
A: Driving when under the influence of drinks or drugs is an offence under the provisions of the Road Traffic Act 1988 and a relevant offence under the Licensing Act 2003 in relation to personal licences. When you make the application for your personal licence the Licensing Authority must give the Chief Officer of Police for its area a notice informing them of your conviction. If the Chief Officer of Police is satisfied that granting a personal licence to you will undermine the crime prevention objective of the Licensing Act 2003 he will issue an objection notice in which case the Licensing Authority must hold a hearing to consider the Police objection. At the hearing the Licensing Authority can refuse to grant you a personal licence. From our experience the approach of the Police across the country varies however, with a recent conviction and particularly as it is related to your employment it is not unusual for a personal licence application to be refused in the circumstances you describe.
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