An 'interim authority' notice may be given to us when premises licence has lapsed owing to 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 a premises licence.
The effect of the interim authority is to reinstate the premises licence from the time the notice is received (for a period of 3 months) and the person giving the notice becomes the licence holder.
An interim authority notice may be given to us within 28 days beginning the day after the licence lapsed, otherwise the licence lapses and an application for a new premises licence would need to be made.
The notice may be given by a person who has a prescribed interest in the premises concerned or is connected to the former holder of the premises licence, such as
- The former holder has died and that person is his personal representative.
- The former holder has become mentally incapable and that person act for him/her under a power of attorney.
- The former holder has become insolvent and that person is his/her insolvency practitioner.
You can submit a notice by completing an application form and sending it us with:
- The correct fee
If you submit the notice online, you are not required to send a copy of the application to the Police, we will do this for you.
You can also apply for a new licence by downloading and completing an application form and sending it to us.7594
If you submit a paper application you must also send a copy to the Police.8417
Contact details of the authorities that require notices to be sent to them following applications.
The fee for submitting an interim authority notice is £23.7057
Details of licensing fees and annual fees for premises licences and club premises certificates.
When we receive the interim authority notice, 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 to us and a copy of the notice has been given to the Chief Officer of Police. Continued trading in those circumstances would constitute a criminal offence.
The Chief Officer of Police has 2 working days, beginning with the day after on which they are notified of the application, to consider the interim authority notice.
They can either:
- Issue an objection notice if they believe that the interim authority notice may undermine the crime prevention objective as set out in the Licensing Act 2003; or
- Raise no objection to the interim authority notice.
If no objection is received against the interim authority notice then we will amend the licence accordingly and issue it to the new holder. This will usually be done within 7 days from the close of the 2 working days consultation period.
The total timescale for dealing with an interim authority notice (no objection received) is therefore expected to be no more than 9 consecutive days commencing with the correct receipt of the paperwork (including the Chief Officer of Police) and the associated fee.
If no interim authority notice is received within 28 days of the licensing lapsing, or an application to transfer the premises licence is not received within the 3 month period (if an interim authority notice is in place), the licence is cancelled. A further premises licence will only be issued following a new application for the grant of a premises licence.
If an objection to the interim authority notice is received from the Chief Officer of Police, the applicant will be notified and the we must hold a hearing to consider the objection.
The Committee’s consideration would be confined only to the issue of the Crime Prevention Objective. The burden would be on the Chief Officer of Police to demonstrate to the committee that there were good grounds for believing that the interim authority notice would undermine the Crime Prevention Objective. In this case, the committee would reject the interim authority notice. Otherwise, the interim authority notice would be approved and remain in place for a period of no more than 3 months or if a transfer application is received, before the end of the 3 month period.
A right of appeal exists to the Magistrates' Court for both applicant and Chief Officer of Police and it must be lodged with the Court within 21 consecutive days of the date of the notice of the decision.
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