01332 340 211

Premises licence holder goes bankrupt: Where do I stand?

Just another reminder that it is important you remain aware of the severe consequences of a premises licence holder being made bankrupt or entering into any form of individual arrangement.

The Law is that the death or insolvency (whether it be by way of bankruptcy, IVA, CVA, dissolution of a company or winding up of a company) of the premises licence holder has the effect of lapsing the premises licence with immediate effect.  Unless action is taken to protect the premises licence within 28 days it then lapses permanently and the only way of dealing with the matter is by way of the application for a brand new premises licence, which if granted, may well not be the same terms as the licence that previously existed.

It is very important that landlords look out for signs of a problem, for example, do you know that the tenant is being threatened with bankruptcy by HMRC?  If so it may be appropriate to take pre-emptive action to transfer the premises licence in advance.

We have in recent times had a number of instances of licences apparently unnecessarily lapsing for these reasons.

If you have any questions about what happens if the premises licence holder dies or is dissolved, please contact our Alcohol & Entertainment Licensing team on 01332 340 211.

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Derby Head Office:
St. Michael’s Court
St. Michael’s Lane
Derby
DE1 3HQ
Tel: 01332 340 211
Fax: 01332 207 601
DX: 729320 Derby 24

Ashbourne:
54, St. John Street
Ashbourne
Derbyshire
DE6 1GH
Tel: 01335 342 208
Fax: 01335 342 010
DX: 26834 Ashbourne

Opening Times:
Our offices are open Monday to
Friday between 8:00am & 6:00pm

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