Section 47 Interim authority notice following death etc. of licence holderI1

England and Wales

(1)

This section applies where—

(a)

a premises licence lapses under section 27 in a case within subsection (1)(a), (b) or (c) F1or (1A) of that section (death, incapacity or insolvency of the holder F2or change of immigration status), but

(b)

no application for transfer of the licence has been made by virtue of section 50 (reinstatement of licence on transfer following death etc.).

(2)

A person who—

(a)

has a prescribed interest in the premises concerned, or

(b)

is connected to the person who held the premises licence immediately before it lapsed (“the former holder”),

may, during the initial F328 day period, give to the relevant licensing authority a notice (an “interim authority notice”) in respect of the licence.

(3)

Subsection (2) is subject to F4subsection (3A) and regulations under—

(a)

section 54 (form etc. of notices etc.);

(b)

section 55 (fees to accompany applications etc.).

(3A)

F5Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.

(4)

Only one interim authority notice may be given under subsection (2).

(5)

For the purposes of subsection (2) a person is connected to the former holder of the premises licence if, and only if—

(a)

the former holder has died and that person is his personal representative,

(b)

F6the former holder lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence and that person acts for him under an enduring power of attorney or lasting power of attorney registered under that Act,

(c)

the former holder has become insolvent and that person is his insolvency practitioner.

(6)

Where an interim authority notice is given in accordance with this section—

(a)

the premises licence is reinstated from the time the notice is received by the relevant licensing authority, and

(b)

the person who gave the notice is from that time the holder of the licence.

(7)

But the premises licence lapses again—

(a)

at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated;

(aa)

F7where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;

(b)

at the end of the interim authority period, unless before that time a relevant transfer application is made to the relevant licensing authority.

(7A)

F8Where the interim authority notice was given to the relevant licensing authority by means of a relevant electronic facility—

(a)

F9paragraphs (a) and (aa) of subsection (7) do not apply, and

(b)

the relevant licensing authority must forthwith give a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated F10and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State.

(8)

Nothing in this section prevents the person who gave the interim authority notice from making a relevant transfer application.

(9)

If—

(a)

a relevant transfer application is made during the interim authority period, and

(b)

that application is rejected or withdrawn,

the licence lapses again at the time of the rejection or withdrawal.

(10)

In this section—

“becomes insolvent” is to be construed in accordance with section 27;
F11“initial 28 day period”, in relation to a licence which lapses as mentioned in subsection (1), means the period of 28 days beginning with the day after the day the licence lapses;
“insolvency practitioner”, in relation to a person, means a person acting as an insolvency practitioner in relation to him (within the meaning of section 388 of the Insolvency Act 1986 (c. 45));
“interim authority period” means the period beginning with the day on which the interim authority notice is received by the relevant licensing authority and ending—
1. F12three months after that day, or
2. if earlier, when it is terminated by the person who gave the interim authority notice notifying the relevant licensing authority to that effect;
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant transfer application” in relation to the premises licence, is an application under section 42 which is given interim effect by virtue of section 43.

Annotations

Textual amendments

F1: Words in s. 47(1) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(2)(a) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F2: Words in s. 47(1) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(2)(b) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F3: Words in s. 47(2)(7)(a) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(a) (with art. 4)
F4: Words in s. 47(3) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(3) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F5: S. 47(3A) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(4) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F6: S. 47(5)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 46(3)(a) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2
F7: S. 47(7)(aa) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(5) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F8: S. 47(7A) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(8) (with regs. 2, 5)
F9: Words in s. 47(7A)(a) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(6)(a) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F10: Words in s. 47(7A)(b) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(6)(b) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)
F11: S. 47(10): definition of initial seven day period" substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(b)(i) (with art. 4)
F12: S. 47(10): words in definition of "interim authority period" substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(b)(ii) (with art. 4)
F13: S. 47(10): definition of "mentally incapable" repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 46(3)(b), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2

Commencement

I1: S. 47(2)(a) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 47 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)