If you own, manage or operate licensed premises, it is essential to understand your responsibilities under the Licensing Act 2003 and the criminal offences that may arise if licensing laws are breached.
Across England and Wales, licensing authorities and police have powers to prosecute businesses and individuals where licensing conditions or statutory requirements are not followed. In serious cases, breaches of licensing laws can result not only in licence suspension or revocation but also in criminal prosecution and substantial financial penalties.
At TV Edwards, our licensing solicitors provide expert advice and defence in cases involving Licensing Act 2003 offences, helping businesses protect their licences and avoid prosecution wherever possible.
I have found the solicitors to be a very committed group of individual who have a genuine desire to act in the very best interests of their clients.
Legal 500 UK (2023)
Facing a Licensing Prosecution or Investigation?
If your business is being investigated or prosecuted under licensing laws in England, early legal advice can drastically reduce risk and potential penalties.
Our licensing and regulatory team regularly advises premises licence holders, business owners and managers facing investigation or prosecution.
Licensing Laws in England
The Licensing Act 2003 governs the sale of alcohol, regulated entertainment and late night refreshment across England and Wales. Premises licence holders must comply both with statutory requirements and with conditions attached to their licence.
Failure to comply with these obligations may lead to licence review or criminal prosecution. Understanding how licensing laws apply to your business is critical to avoiding enforcement action.
Relevant Offences Under the Licensing Act 2003
The relevant offences under the Licensing Act 2003 (that may be prosecuted by licensing authorities or police) are set out in Part 7. Common examples include:
- Carrying out licensable activities without authorisation
- Exposing alcohol for unauthorised sale
- Keeping alcohol for unauthorised sale
- Allowing disorderly conduct on licensed premises
- Selling alcohol to a person who is drunk
- Selling alcohol to children
- Allowing alcohol sales to children
- Persistently selling alcohol to children
- Purchase or delivery of alcohol for children
- Consumption of alcohol by children on licensed premises
- Allowing unsupervised alcohol sales by children
Prosecution can affect both premises licence holders and individuals involved in managing the premises.
Maximum Penalties and Fines
Many offences under the Licensing Act 2003 carry unlimited fines, and in certain circumstances, imprisonment could also be imposed.
Related Licensing Services
How Our Licensing Solicitors Can Help
TV Edwards’ licensing and regulatory team regularly assists businesses who are facing investigation and prosecution under the law. We can:
- Provide urgent advice during investigations
- Represent licence holders in interviews and court proceedings
- Challenge prosecutions where evidence is weak
- Assist in negotiations with licensing authorities
- Advise on compliance to prevent further action
We combine regulatory knowledge with practical commercial understanding, helping businesses resolve issues quickly with minimal disruption.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation – police station advisers, solicitors, and higher court advocates
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
Client Testimonials
Contact Our Solicitors Today
Frequently Asked Questions
What offences can lead to prosecution under the Licensing Act 2003?
Common offences, such as selling alcohol without authorisation and selling alcohol to children, may lead to responsible individuals and businesses being prosecuted by licensing authorities or police.
What is the maximum fine for unauthorised sale of alcohol?
Courts can impose unlimited fines – the exact level of penalty will depend on how serious the offence is, as well as on the circumstances involved
Can a premises licence be revoked after prosecution?
Yes. Licensing authorities can adopt a separate procedure to review, suspend or revoke licences following criminal offences or repeated breaches. As such, early legal advice can help protect both your licence and business.
Do licensing laws apply to all premises selling alcohol in England?
Yes. Any premises selling alcohol or providing regulated entertainment must comply with licensing laws in England and Wales. Businesses have to ensure they operate within licence conditions at all times.
