Published: 25 May 2017 by Jonathan Smith
Changes to the Licensing Act 2003, under The Immigration Act 2016
• An “Entitlement to Work” test introduced for Personal Licence Holders and individual Premises Licence Holders, where the Premises Licence permits the sale of alcohol or late night refreshment;
• Applicants for Personal Licences must produce evidence of their entitlement to work in the United Kingdom;
• Where the applicant has committed immigration offences, the Licensing Authority to advise the Secretary of State (Home Office Immigration Enforcement (“HOIE”))as it would the Police on conviction of a “Relevant Offence”;
• Applicants for Premises Licences, made by individuals, will likewise have to produce evidence of their entitlement to work in the United Kingdom, along with their nationality and date of birth;
• Individual applicants for a transfer of a Premises Licence must provide evidence of their entitlement to work in the United Kingdom, along with their nationality and date of birth;
• Applicants to become a Designated Premises Supervisor must provide their place of birth, date of birth and nationality and confirm on their consent to become the Designated Premises Supervisor that they are entitled to work in the United Kingdom;
• The Secretary of State (HOIE) is a Responsible Authority;
• Applications for the transfer of a Premises Licence also need to be served on the Secretary of State (HOIE), as well as the Police and Licensing Authority;
• If an individual holding a Premises Licence ceases to be entitled to work in the United Kingdom on or after 6th April 2017, the Premises Licence lapses immediately, and will lapse completely unless transferred or an Interim Authority lodged within 28 days;
• A Personal Licence will lapse when an individual is no longer entitled to work in the United Kingdom on or after 6th April 2017;
• Applications for transfers or new Premises Licences must not be signed by PA, since they contain a declaration of the individual’s entitlement to work in the United Kingdom;
• Immigration Officers can now enter licensed premises as if they were a Police Constable, if premises are being used for the sale of alcohol or late night refreshment, to see if an offence under The Immigration Act 2016 has been committed.
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