The Licensing provisions of the Immigration Act 2016 are due to come into force on 06 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 06 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.
It has now been agreed that the implementation of the Licensing provisions of the Immigration Act 2016 in Scotland will be deferred until 01 October 2017 to coincide with further commencement provisions in respect of the Air Weapons and Licensing (Scotland) Act 2015.
If you have any queries, please contact our Alcohol & Entertainment Licensing team on 01332 226 142.