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Premises: Interim Authority Notice

The Licensing Act 2003 provides special arrangements for the continuation of permissions under a premises licence when the holder of a licence dies suddenly or becomes bankrupt or mentally incapable.

 

Vale-of-Glamorgan-Council-logo

Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

 

Application Process 

  •  Process

    These circumstances arise only where a premises licence has lapsed owing to the death, incapacity or insolvency of the holder. Notice may be given to the licensing authority within twenty-eight days beginning the day after the licence lapsed accompanied by the relevant fee which is not refundable. It should also be copied to

    the Chief Officer of Police, Home Office

     

    •  Proof of right to work and live  - See application guidance notes for further information

     

    If applying online via UKWelcomes or Flexible Support for Business the Vale of Glamorgan Council is responsible for sending the copy to the Chief Officer of Police, Home Office.

    The premises licence would lapse until such a notice is given and carrying on licensable activities in that time would be unlawful. Such activity will be an offence as an unauthorised licensable activity, to which there is a defence of 'due diligence'. This may be relevant where, for example, the manager of a particular premise is wholly unaware for a period of time that the premises licence holder has died.

    As soon as an interim authority notice is given within the twenty eight day period, the business may continue to carry on any licensable activities permitted by the premises licence.

    An interim 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 persons insolvency practitioner).

    The effect of giving the notice is to reinstate the premises licence as if the person giving the notice is the holder of the licence and thereby allow licensable activities to continue to take place pending a formal application or transfer.

    The maximum period for which an interim authority notice may have effect is three months.

    The interim authority notice ceases to have effect unless by the end of the initial twenty eight day period a copy of the notice has been given to the chief officer of police. Within 48 hours of receiving the copy, and if satisfied that in the exceptional circumstances of the case failure to cancel the interim authority 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 it decides that it is necessary to do so for the promotion of the crime prevention objective.

    The licensing authority will be aware of the urgency of the circumstances and the need to consider the objection quickly.

     

  •  Transfer

    It should also be noted that where the premises licence lapses (because of death, incapacity or insolvency of the holder etc.) or by its surrender, but no interim authority notice has effect, an eligible person who may apply for the grant of a premises licence may apply within 28 days of the lapse for the transfer of the licence to them with immediate effect pending the determination of the application. This will result in the licence being reinstated from the point at which the transfer application was received by the licensing authority. The person applying for the transfer must copy their application to the chief officer of police. 

  •  Application for the grant of a premises licence

    If no interim authority notice is received within 28 days of the licence lapsing or an application for transfer made as above, the licence is cancelled. A further premises licence will only be issued following a new application for the grant of a premises licence. 

 

 

Tacit Consent

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.

 

The target time is 30 calendar days.

 

Background and Eligibility Criteria 

In the normal course of events, the licence would lapse in such circumstances. However, there may also be some time before, for example, the deceased person's estate can be dealt with or an administrator receiver appointed.

 

This could have a damaging effect on those with interests in the premises, such as an owner, lessor or employees working at the premises in question; and could bring unnecessary disruption to customers' plans.

The Act therefore provides for the licence to be capable of being reinstated in a discrete period of time in certain circumstances.

 

Fees

The fee for an interim authority notice is £23.00. This fee is not refundable.

 

Complaint and Other Redress

  •  Failed Application Redress

    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by a refusal to be granted a licence may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by any conditions to which a licence is subject may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Consumer Complaint
    We would always advise that in the event of a complaint the first contact is made with the trader by you, preferably in the form of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

 

 

 

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