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Changes to the Licensing Act as a result of the Immigration Act
There are a number of changes to the Licensing Act brought about by the Immigration Act taking effect on 6th April, including:
- An individual will not be permitted to apply for a Premises Licence unless they are entitled to work in the UK;
- An existing premises licence may lapse if the holder of the premises licence ceases to be entitled to work in the UK;
- The Secretary of State will become a Responsible Authority and will therefore be able to object to some applications where the circumstances are such that to allow them would be prejudicial to the prevention of illegal working in licensed premises;
- An individual will not be able to transfer a premises licence into their name unless they are entitled to work in the UK (something they will be required to demonstrate on application);
- An individual will not be permitted to apply for a personal licence unless they are entitled to work in the UK;
- A number of immigration offences will become relevant offences;
- Where an applicant for a personal licence has an unspent immigration offence or has been required to pay an immigration penalty, the Secretary of State will need to be served with a copy of the application and will be able to object;
- A personal licence will cease to have effect where the holder ceases to be entitled to work in the UK;
- Immigration officers will have the power to issue illegal working closure notices to licensed premises, which can prevent access to any person other than those resident at the premises and prevent work being undertaken there for up to 48 hours. A Court can subsequently impose an order restricting access for up to twelve months.
The above will result in changes to many of the application forms and in some cases an individual applicant will be required to demonstrate that they are entitled to live and work in the UK, in which case there will be additional documentation required to support applications.