01332 340 211

Proposed amendments to the Licensing Act following publication of the Immigration Bill

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The Immigration Bill has now been published and it is proposed that there will be additional responsibilities for Licensing Authorities to take action.

It is proposed that residents will be disqualified from applying for a Premises Licence if they are not entitled to work in the UK and a Premises Licence will also lapse if the holder of the Licence ceases to be entitled to work in the UK at any time when the holder is resident in the UK.

There is also proposed a section which will require a Licensing Authority when considering a transfer application to reject it if it considers it appropriate for the prevention of illegal working in Licensed Premises.

Persons not entitled to work in the UK will be disqualified from applying for an Interim Authority Notice.

With regard to Personal Licences, there will be a new Immigration Offence and in addition, a Personal Licence will cease to have effect if the holder of the Licence ceases to be entitled to work in the UK. There is also to be a new requirement on a Licensing Authority to notify the Secretary of State where a Personal Licence Holder has been convicted of an Immigration related offence subsequent to the grant of the Licence enabling the Secretary of State to give the Authority an Immigration Objection Notice.

Essentially to hold a Personal Licence or a Premises Licence will require the holder to be entitled to work in the UK and will also enable Licensing Authorities to take action where immigration offences are committed.

For further information please contact Andrew Cochrane.

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