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Immigration Bill

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The Immigration Bill is due for its third reading on the 12 April 2016.  No date is given as to when this will be in force.  It had been anticipated that it would be implemented in April however, that may well now not in fact happen.  The Immigration Bill, when implemented, will amend the Licensing Act and the notable changes proposed are:

  • An individual resident in the UK cannot apply for a Premises Licence unless entitled to work in the UK.
  • A Premises Licence will lapse if the Licence Holder ceases to be entitled to work in the UK.
  • An Applicant cannot apply for transfer of a Premises Licence unless they are entitled to work in the UK.
  • The Secretary of State is to become a Responsible Authority.
  • The Police and the Secretary of State will be able to object to a transfer of a Premises Licence on grounds where it is appropriate to prevent legal working.
  • An Interim Authority Notice can only be given if the Applicant is entitled to work in the UK.
  • An immigration offence will become a relevant offence.
  • A Personal Licence will lapse if the holder ceases to be entitled to work in the UK.
  • The Secretary of State will be given the opportunity to object to a Personal Licence application (it should be noted that if they do not object the Licence must be granted).
  • Immigration Officers are to be given rights of entry to Licensed Premises.
  • If an employer is employing someone not entitled to work in the UK, the authorities will be able to issue an Illegal Working Closure Notice which will close the premises for up to 48 hours following which the matter will go to Court and may result in the premises being closed for up to 12 months.

For further information, please contact Andrew Cochrane.

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