Most people qualify for a personal licence without any difficulty – but the eligibility rules catch a few applicants out every week, usually over criminal convictions or right-to-work evidence. Here is exactly who can apply in England and Wales, and how convictions are actually treated.
The five requirements
- Age: you must be 18 or over.
- Qualification: you must hold an accredited licensing qualification – the Level 2 Award for Personal Licence Holders (APLH).
- Right to work: you must be entitled to work in the UK. Since 2016, a personal licence lapses automatically if your permission to work ends.
- No forfeited licence: you must not have had a personal licence forfeited in the five years before your application.
- Convictions: unspent convictions for “relevant offences” don’t automatically bar you, but they trigger a police review (see below).
Criminal convictions: how it really works
This is the area with the most myths. The rules in practice:
Spent convictions don’t count
If a conviction is spent under the Rehabilitation of Offenders Act 1974, you do not declare it and it will not appear on your basic DBS certificate. It plays no part in the decision.
Only “relevant offences” matter
The Licensing Act 2003 lists the relevant offences – broadly: serious crime and dishonesty (theft, fraud, handling), violence, sexual offences, drugs offences, drink-driving and other alcohol-related driving offences, and licensing offences themselves. An unspent conviction for something outside the list – a speeding fine, for example – is not a barrier.
An unspent relevant conviction means a police review, not automatic refusal
Declare it honestly. The police have 14 days to object; if they don’t, the licence is granted as normal. If they do object, the council holds a hearing and weighs the offence, how long ago it was, and the crime-prevention licensing objective. Recent alcohol-related or dishonesty offences are the hardest to get past; older, isolated matters frequently succeed.
Never hide a conviction
Your basic DBS certificate accompanies the application, so undeclared unspent convictions will surface anyway – and making a false statement on a licensing application is itself a criminal offence.
Right to work: what you’ll show
Councils must check your immigration status. A British passport is the simple route; otherwise share code evidence of settled/pre-settled status or a visa permitting the work. If your permission to be in the UK is time-limited, the licence remains valid only while that permission lasts.
What is NOT required
- Experience: you don’t need to have worked in hospitality.
- A job: you can apply before you have a role lined up – many people get licensed to improve their CV.
- A venue: the personal licence is yours, independent of any premises.
- UK residence history: overseas applicants need equivalent overseas criminal record evidence – ask your council what they accept.
Frequently asked questions
I got a drink-driving conviction three years ago. Will I be refused?
Not automatically. Drink-driving is a relevant offence, so expect a police review. If it’s isolated and you’re otherwise credible, many such applications are granted – but be prepared for a possible hearing.
Can I apply if I’m 17 but turn 18 soon?
You can sit the APLH qualification before you turn 18, but the licence application itself requires you to be 18.
Do cautions count?
Simple cautions are not convictions and basic DBS certificates show only unspent convictions. Answer the application questions exactly as asked.
Eligible? The next step is the APLH Level 2 course – then follow our step-by-step application guide.
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