Regulation 25 Procedure where Licensing Board receives notice of conviction

(1)

Section 83 (procedure where Licensing Board receives notice of conviction) is amended as follows.

(2)

In the title of the section, after “conviction” insert “or immigration penalty”.

(3)

In subsection (1)—

(a)

in paragraph (a), for “of conviction” substitute “under section 81(2) or 82(2)”; and

(b)

in paragraph (b), after “foreign offence” insert “or required to pay an immigration penalty”.

(4)

For subsection (2)^f1 substitute—

“(2)
The Licensing Board must—

(a)
give notice to the chief constable of any conviction included in a notice or of which they become aware, and

(b)
give notice to the Secretary of State of any conviction or penalty included in a notice or of which they become aware, where the licence holder has been—

(i)
convicted of an immigration offence,

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

(iii)
required to pay an immigration penalty.”.

(5)

After subsection (5)^f2, insert—

“(5A)
If the Secretary of State is satisfied that it would be prejudicial to the prevention of illegal working in licensed premises if the licence were not revoked, suspended or endorsed, 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 (2)(b), give the Licensing Board an immigration objection notice.”.

(6)

In subsection (6)^f3—

(a)

after “(4)(a)” insert “and does not receive an immigration objection notice within the period referred to in subsection (5A)”; and

(b)

after “conviction” insert “or penalty”.

(7)

In subsection (7)^f4, after “subsection (5)” insert “or receives an immigration objection notice within the period referred to in subsection (5A)”.

(8)

In subsection (7A)^f5—

(a)

after “subsection (5)” insert “and does not receive an immigration objection notice within the period referred to in subsection (5A)”; and

(b)

in paragraph (b), after “conviction” insert “or penalty”.

(9)

In subsection (8)^f6—

(a)

for paragraph (a), substitute—

“(a)
having regard to—

(i)
any conviction,

(ii)
any immigration penalty,

(iii)
any recommendation contained in the chief constable’s notice under subsection (5),

(iv)
an immigration objection notice,”;

(b)

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

(c)

after paragraph (b)(ii), insert—

“and

(iii)
if an immigration objection notice has been received, the Secretary of State,”.

(10)

In subsection (10)^f7, following paragraph (b) and before the “and” insert—

“(ba)
if an immigration objection notice has been received, the Secretary of State,”.

(11)

In subsection (11), omit the definition of “notice of conviction”.

Annotations

Footnotes

f1: Section 83(2) was amended by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act.
f2: Section 83(5) was amended by paragraphs 1 and 15(1) and (2) of Schedule 6 to the 2010 Act and by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act.
f3: Section 83(6) was amended by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act.
f4: Section 83(7) was amended by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act and section 51(a) of the 2015 Act.
f5: Section 83(7A) was inserted by section 51(b) of the 2015 Act.
f6: Section 83(8) was amended by paragraphs 1 and 15(1) and (3) of Schedule 6 to the 2010 Act, paragraph 29(1) to (3) of Schedule 7 to the 2012 Act and section 51(c) of the 2015 Act.
f7: Section 83(10) was amended by paragraph 29(1) to (3) of Schedule 7 to the 2012 Act and by section 47(1) and (2)(c) of the 2015 Act.