A premises licence will normally lapse on the death, mental incapacity or insolvency of the premises licence holder, where the holder is an individual, or on the dissolution or insolvency of a company which holds the premises licence.
As it may often take some time before, for example, a deceased person's estate can be dealt with, a procedure exists whereby the licence can be reinstated for a limited period of time so that the premises can continue operating.
Where a premises licence lapses in any of the above circumstances, certain persons may give the Licensing Authority an Interim Authority Notice.
Who can apply
An Interim Authority Notice may only be given either by a person with a prescribed interest in the premises, or by a person connected to the former holder of the licence (normally a personal representative of the former holder or, a person with power of attorney or, where someone has become insolvent, that person's insolvency practitioner).
How to apply
An Interim Authority Notice must be submitted to the Licensing Authority for the area in which the premises is situated within 28 days beginning the day after the licence lapses. A copy of the notice should also be sent to the Chief Officer of Police.
As soon as the interim authority notice is given to the licensing authority the business may continue to operate as before. It should be noted that the premises licence lapses unless and until such a notice is given and continued trading in those circumstances would constitute a criminal offence.
The maximum period for which an Interim Authority Notice may have effect is 3 months.
The Interim Authority Notice ceases to have effect, unless a copy of the notice has been given to the Chief Officer of Police within 28 days beginning the day after the premises licence lapsed.. If, within 48 hours of receiving the copy, the Chief Officer of Police believes that there are exceptional circumstances relating to the interim authority notice that would undermine the crime prevention objective, the police may give a notice to that effect to the Licensing Authority. In such circumstances, the Licensing Authority must hold a hearing to consider the objection notice.
If you have any queries please do not hesitate in contacting a member of the Licensing Team.