Regulation 11 Application for transfer of premises licence

(1)

Section 33 (application for transfer of premises licence) is amended as follows.

(2)

In subsection (1), at the beginning insert “Subject to subsection (1ZA),”.

(3)

After subsection (1)^f1 insert—

“(1ZA)
An individual who is resident in the United Kingdom may not make an application under subsection (1) unless the individual is entitled to work in the United Kingdom.

(1ZB)
If, notwithstanding subsection (1ZA), an individual who is resident but not entitled to work in the United Kingdom makes an application under subsection (1), the application is invalid and must be treated by the Licensing Board as not having been made.”.

(4)

After subsection (7A)^f2, insert—

“(7B)
Where a Licensing Board receives an application under subsection (1), the Board must give notice of it, together with a copy of the application, to the Secretary of State, unless the Board must refuse the application under subsection (8A).

(7C)
Where the Secretary of State is given notice under subsection (7B) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the Licensing Board a notice stating the reasons for being so satisfied.

(7D)
The Secretary of State must give that notice within the period of 21 days beginning with the day on which the Secretary of State is given notice of the application under subsection (7B).”.

(5)

In subsection (8)^f3—

(a)

omit “and” at the end of paragraph (b);

(b)

after paragraph (c) insert—

“, and

(d)
no notice has been given under subsection (7C),”.

(6)

In subsection (10)^f4, after “subsection (7A)” insert “and any notice given by the Secretary of State under subsection (7C)”.

(7)

In subsection (11)^f5, after paragraph (a) insert—

“(aa)
that, having regard to a notice given under subsection (7C), it is appropriate for the prevention of illegal working in licensed premises to refuse the application,”.

Annotations

Footnotes

f1: Section 33(1A) is prospectively inserted by section 49(1) and 2(a) of the 2015 Act.
f2: Section 33(7A) was inserted by section 44(1) and (2)(a) of the 2015 Act. Section 33(8A) is prospectively inserted by section 49(1) and (2)(d) of the 2015 Act.
f3: Section 33(8) was amended by section 44(1) and (2)(b) of the 2015 Act and is prospectively amended by section 49(1) and (2)(c) of the 2015 Act.
f4: Section 33(10) was amended by paragraphs 1 and 7(1) and (3) of Schedule 6 to the 2010 Act and is prospectively amended by section 44(1) and (2)(c) of the 2015 Act.
f5: Section 33(11) was inserted by section 44(1) and (2)(d) of the 2015 Act.