Explanatory note

These Regulations extend to Scotland and are made under section 36 of the Immigration Act 2016 (c. 19) (“the 2016 Act”), which allows regulations to make provision for Scotland which has similar effect to that which Schedule 4 to the 2016 Act makes for England and Wales. Schedule 4 to the 2016 Act makes amendments to the Licensing Act 2003 (c. 17) relating to illegal working. These Regulations make similar effect by amending the Licensing (Scotland) Act 2005 (asp 16) (“the 2005 Act”) and the Civic Government (Scotland) Act 1982 (c. 45) (“the 1982 Act”). These Regulations place restrictions on the holding of alcohol or late night catering licences by people who are not entitled to work in the United Kingdom, or people who have been convicted of immigration offences or required to pay immigration penalties.

Part 2 of the Regulations amends section 147 of the 2005 Act (interpretation) and inserts a new section 42A into the 1982 Act (persons entitled to work in the United Kingdom), to provide a definition of an individual who is entitled to work in the United Kingdom.

Part 3 of the Regulations amends the 2005 Act. In respect of premises licences, regulation 6 amends section 20 of the 2005 Act to provide that an individual who is resident in the UK may not apply for a premises licence unless the individual is entitled to work in the UK. Regulation 7 makes provision that the Secretary of State should be notified of applications for premises licences. Regulation 10 amends section 28 of the 2005 Act to provide that a premises licence lapses if the licence holder ceases to be entitled to work in the United Kingdom. Regulations 11 and 12 amend section 33 and section 36 respectively of the 2005 Act to make provision in respect of applications for the transfer or review of a premises licence.

In respect of personal licences, regulation 16 amends section 72 of the 2005 Act to require a personal licence application to state whether the applicant has been required to pay an immigration penalty and regulation 17 inserts a new section 73B into the 2005 Act to provide for the Secretary of State to be notified of an application for a personal licence.

Regulation 18 amends section 74 of the 2005 Act to make provision for the determination of personal licence applications where the Secretary of State has given an immigration objection notice. Regulation 19 amends section 75 of the 2005 Act to ensure that an applicant must notify a Licensing Board of convictions, including immigration offences, and a requirement to pay an immigration penalty. Regulation 21 amends section 77(5) of the 2005 Act to provide that a personal licence lapses if the licence holder ceases to be entitled to work in the UK.

Regulation 27 amends section 131 of the 2005 Act to provide that on an appeal in relation to a licensing decision, the court cannot entertain any question as to whether a person should be, or should have been, granted leave to enter or remain in the United Kingdom or a person has, after the date of the licensing decision, been granted leave to enter or remain in the United Kingdom. Regulation 29 adds a new section 138A to the 2005 Act to make provision for immigration officers to enter any premises where alcohol is being sold for the purpose of determining whether an immigration offence is being committed in connection with the sale of alcohol.

Part 4 of the Regulations relates to late hours catering licences. Regulation 33 adds a new section 6A to the 1982 Act which provides an immigration officer with the power at any time to enter premises for the purpose of determining whether an immigration offence is being committed in connection with the carrying on of late hours catering activities. Regulation 34 provides that an individual who is resident in the United Kingdom may not apply for a late hours catering licence unless the individual is entitled to work in the United Kingdom.

Regulation 35 amends Schedule 1 to the 1982 Act to require licensing authorities to notify the Secretary of State of applications for late hours catering licences and their decisions. It also makes provision for the cessation of late hours catering licences in the event that a licence holder who is resident in the United Kingdom ceases to be entitled to work in the United Kingdom. It also makes similar provision to regulation 27 in relation to late hours catering licences.

Parts 5 and 6 of the Regulations make transitional provision in relation to alcohol licensing and late hours catering respectively. Regulation 40 and Schedule 1 make transitory provision in relation to alcohol licensing pending the commencement of section 49 of the Air Weapons and Licensing (Scotland) Act 2015 (2015 asp 10). Part 7 of the Regulations and Schedules 2, 3 and 4 make consequential amendments by inserting new forms (containing requirements relating to the immigration provision made by these Regulations) into the Personal Licence (Scotland) Regulations 2007 (S.S.I. 2007/77) and the Premises Licence (Scotland) Regulations 2007 (S.S.I. 2007/452).

A regulatory impact assessment was carried out at the time of the passage of the Immigration Act 2016 in relation to the UK-wide impact of the policy to which these Regulations give effect in Scotland. That impact assessment is available from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/619768/VIA_Alcohol_LNR_Licensing_20170504.pdf . A separate impact assessment has not been carried out for these Regulations.