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More Changes to the Licensing Act

The House of Lords want changes to the Licensing Act

You may remember reading our article at the beginning of March regarding the Immigration Act and the further amendments that would come into force at a future date. The changes came into force on 6th April 2017 and so we thought it would be an ideal time to provide some more detailed information on the changes to the procedures for personal licence applications and applications relating to premises licences.

New Premises Licence Applications.
If an individual is applying for a premises licence for the supply of alcohol or late night refreshment they must be entitled to work in the UK. They are required to provide documentary evidence to prove their entitlement and details of what is acceptable can be found in the footnotes to the application form. The application form has been amended to include a declaration which must be signed by the individual.
The application must also now be served on the Secretary of State (Home Office Immigration Enforcement – (HOIE)) as a new responsible authority and they have the right to object to the application.

Transfer of Premises Licence Applications
If an individual is seeking to take transfer of a premises licence then the position is much the same as for a new licence. An individual must be entitled to work in the UK and documentary evidence is required. Again, the application must now also be served on the HOIE who can object. The form has been amended to include a declaration which must be signed by the individual.

In either case if the individual who is the licence holder is no longer entitled to work in the UK then the premises licence will lapse immediately. There is the option to submit an application to transfer the premises licence or an interim authority to resurrect the licence, but this must be done within 28 days.

Variation of Designated Premises Supervisor (DPS) Applications
Here the application form has been amended and now requires the DPS to include their nationality, place of birth and date of birth on the form.

The consent form which has to be signed by the individual who wishes to be named as DPS has also been amended so that they confirm they are entitled to work in the UK.

Personal Licences
The position is the same as for premises licence and the individual needs to submit supporting evidence with their application to show that they are entitled to work as well as making the declaration on the amended form. HOIE does not have to be served with a copy of the application, but the Licensing Authority will notify them if the applicant has been convicted of an immigration offence, or has been required to pay an immigration penalty and HOIE can object within 14 days.

If the individual is no longer entitled to work in the UK then their personal licence will lapse automatically.

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