Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
Where an offender who holds a personal licence to supply alcohol is charged with a ‘relevant offence’, he or she is required to produce the licence to the court, or inform the court of its existence, no later than his or her first appearance (Licensing Act (“LA”) 2003, s.128(1)).
‘Relevant offences’ are listed in schedule 4 of the Licensing Act 2003; (further details below)
Where the offender is convicted, the court may order forfeiture of the licence or suspend it for up to six months (LA 2003, s129(2)). When deciding whether to order forfeiture or suspension, the court may take account of the offender’s previous convictions for a ‘relevant offence’ (LA 2003, s129(3)).
Whether or not forfeiture or suspension is ordered, the court is required to notify the licensing authority of the offender’s conviction and the sentence imposed (LA 2003, s131).
Available on conviction of a ‘relevant offence’, listed in schedule 4 of the Licensing Act 2003. These include (please note the list below is not exhaustive):
- an offence under the Licensing Act 2003;
- an offence under the Firearms Act 1968;
- theft – Theft Act 1968, s.1;
- burglary – Theft Act 1968, s.9;
- abstracting electricity – Theft Act 1968, s.13;
- handling stolen goods – Theft Act 1968, s.22;
- going equipped for theft – Theft Act 1968, s.25;
- production of a controlled drug – Misuse of Drugs Act 1971, s.4(2);
- supply of a controlled drug – Misuse of Drugs Act 1971, s.4(3);
- possession of a controlled drug with intent to supply – Misuse of Drugs Act 1971, s.5(3);
- permiting premises to be used – Misuse of Drugs Act 1971, s.8
- evasion of duty – Customs and Excise Management Act 1979, s.170 (excluding s.170(1)(a));
- driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4;
- in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4;
- driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5;
- in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5;
- unauthorised use of trade mark where the goods in question are or include alcohol – Trade Marks Act 1994, ss.92(1) and 92(2);
- sexual assault – Sexual Offences Act 2003, s.3;
- exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53;
- exposure – Sexual Offences Act 2003, s.66;
- voyeurism – Sexual Offences Act 2003, s.67;
- a violent offence, being any offence which leads, or is intended or likely to lead, to death or to physical injury.
In all cases, consult your legal adviser regarding available orders and their specific requirements and effects