The Licensing provisions of the Immigration Act 2016 are due to come into force on the 6 April 2017. This means that any Premises Licence applied for or transferred after that date will lapse if the holder of that Licence does not have the right to work in the United Kingdom.
New forms of application have just been released and are to be used after the 6 April.
The issue does not arise in respect of Limited Companies or Limited Liability Partnerships to whom Licences are transferred or in respect of whom Licences are applied for.
For DPS changes only, the new forms of application require confirmation of nationality which is done to ensure that Premises Licence Holders appointing a DPS to run their premises do so mindful of the fact that it is illegal to employ somebody who does not have a right to work in this Country. This could render you liable to a civil or in certain circumstances a criminal penalty.
Applications for transfer of a Premises Licence and new Premises Licence applications will now have to be served on the Home Office Immigration Enforcement Service.
If you have any queries please do not hesitate to contact Andrew Cochrane on 01332 226 142.