When a Premises Licence Holder becomes insolvent, the holder of the licence dies or is no longer entitled to work in the United Kingdom, the transfer of the premise licence can sometimes be overlooked
When a Premises Licence Holder becomes insolvent, dies or is no longer entitled to work in the United Kingdom, the premises licence lapses.
The premises licence lapses immediately upon the death, insolvency of the premises licence holder or if he or she is no longer entitled to work in the United Kingdom. If within twenty eight days the appropriate 'reinstatement' action is not taken the premises licence will have gone forever.
Reinstatement can occur in one of two ways:
1. The first is by giving an interim authority notice to the Licensing Authority must be given by the freeholder, leaseholder or the Premises Licence Holder's insolvency practitioner or executor within twenty eight days of the death or insolvency. Notice must also be given to the local Chief Police Officer within the twenty eight day period. Once granted, an application to transfer the licence must be made within three months of the interim authority notice being given, otherwise the premises licence lapses.
2. Secondly by making an application to transfer the premises licence. The transfer must occur within twenty eight days of the death, insolvency or the individual ceasing to be entitled to work in the United Kingdom and the the police must be informed as before.
Until the interim authority notice or transfer is in place, no licensable activity can take place after the insolvency or death.
In conjunction with the BII, we have created an exam compiled from past paper questions.