Q&A What if you get a conviction for drink driving and want to apply for a personal licence?

  • Date: 09 May 2017
  • Author/Solicitor:

Question:

I have been convicted for an offence of drink driving over the Easter break and am currently banned from driving. I have just been promoted to Assistant Manager at our pub and my employer has asked me to obtain a personal licence with a view to becoming the new manager and Designated Premises Supervisor. 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 licensed trade.  What effect would my conviction have on an application for apersonal licence?   

Answer:

Driving when under the influence of drinks or drugs is a ‘Relevant Offence’ under the Licensing Act 2003 in relation to personal licences.  Therefore, 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 drink driving 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.  In our experience the approach of the Police across the country varies. Unfortunately however I should advise that as this is a recent conviction and directly relates to your employment, it would not be unusual for a personal licence application to be refused in these circumstances.

For further information on this issue contact Solicitor, Suraj Desor, on 0115 953 8500.