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.