Regulation 19 Applicant’s duty to notify Licensing Board of convictions

(1)

Section 75 (applicant’s duty to notify Licensing Board of convictions) is amended as follows.

(2)

In the title of section 75, after “convictions” insert “and penalties”.

(3)

In subsection (1), after “foreign offence” insert “or required to pay an immigration penalty”.

(4)

In subsection (2)—

(a)

after “conviction”, in the first place where it occurs, insert “or (as the case may be) the date on which the requirement to pay the immigration penalty arose”; and

(b)

after “conviction”, in the second place where it occurs, insert “or the penalty”.

(5)

In subsection (3)—

(a)

in paragraph (a), after “offence” insert “or the penalty”; and

(b)

in paragraph (b), after “conviction” insert “or the date on which the requirement to pay the immigration penalty arose”.

(6)

In subsection (4)(b)^f1, at the beginning insert “in the case of a notice which specifies a conviction,”.

(7)

After subsection (7)^f2 insert—

“(7A)
The Licensing Board must give notice to the Secretary of State where they receive a notice under subsection (2) that the applicant has been—

(a)
convicted of an immigration offence,

(b)
convicted of a foreign offence that the Licensing Board considers to be comparable to an immigration offence, or

(c)
required to pay an immigration penalty.

(7B)
If the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 21 days beginning with the day on which the Secretary of State received the notice under subsection (7A), give the Licensing Board an immigration objection notice.”.

(8)

In subsection (8), after “section 74” insert “(but subject to subsection (8A))”.

(9)

After subsection (8) insert—

“(8A)
If the Licensing Board has given notice to the Secretary of State under subsection (7A), the Board must not comply with the duties imposed by subsection (8) until either of the following occurs—

(a)
receipt by the Board of an immigration objection notice within the period referred to in subsection (7B), or

(b)
the expiry of that period without the Board receiving such a notice.”.

(10)

In subsection (9)^f3—

(a)

for “For that purpose, that section” substitute “For the purposes of subsection (8) and (8A), section 74”;

(b)

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

(c)

after paragraph (c) insert—

“, and

(d)
references in it to an immigration objection notice received within the period referred to in section 73B(2) include references to an immigration objection notice received within the period referred to in subsection (7B) of this section.”.

Annotations

Footnotes

f1: Section 75(4)(b) was amended by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act.
f2: Section 75(7) was amended by paragraphs 1 and 14(1) and (2) of Schedule 6 to the 2010 Act.
f3: Section 75(9) was amended by paragraphs 1 and 14(1) and (3)(b) of Schedule 6 to the 2010 Act.