{
  "url": "https://openlegislation.uk/draft-immigration-alcohol-licensing-and-late-hours-catering-scotland-regulations-2018/schedule-1/paragraph-46",
  "json_url": "https://openlegislation.uk/draft-immigration-alcohol-licensing-and-late-hours-catering-scotland-regulations-2018/schedule-1/paragraph-46.json",
  "legislation": "ukdsi/2018/9780111167991",
  "legislation_title": "The Immigration (Alcohol Licensing and Late Hours Catering) (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/draft-immigration-alcohol-licensing-and-late-hours-catering-scotland-regulations-2018",
  "path": "schedule/1/paragraph/46",
  "kind": "paragraph",
  "number": "46",
  "heading": null,
  "text": "Until the coming into force of section 49 of the 2015 Act (transfer of premises licences), regulation 11 (application for transfer of premises licence) has effect as if for that regulation there were substituted the following—\n“Transfer on application of licence holder\n11. (1) Section 33 (transfer on application of licence holder) is amended as follows.\n(2) After subsection (2), insert—\n“(2A) An individual who is resident in the United Kingdom may not be a transferee unless the individual is entitled to work in the United Kingdom.”.\n(3) After subsection (7A), insert—\n“(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.\n(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.\n(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 notified of the application under subsection (7B).”.\n(4) In subsection (8)—\n(a) omit “and” at the end of paragraph (b);\n(b) after paragraph (c), insert—\n“, and\n(d) no notice has been given under subsection (7C),”.\n(5) In subsection (10) for “and any information provided under subsection (7A)” substitute “, any information provided under subsection (7A) and any notice given by the Secretary of State under subsection (7C)”.\nTransfer on application of person other than licence holder\n11A. (1) Section 34 (transfer on application of person other than licence holder) is amended as follows.\n(2) After subsection (1), insert—\n“(1A) An individual who is resident in the United Kingdom may not apply under subsection (1) for the transfer to that person of the premises licence unless the individual is entitled to work in the United Kingdom.\n(1B) If, notwithstanding subsection (1A), 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.”.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111167991/schedule/1/paragraph/46",
    "retrieved_at": "2026-10-30T15:04:53.504826+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}