If a premises licence holder dies suddenly, becomes bankrupt or is mentally incapable, then the licence will lapse. However, it is possible for the licence to be reinstated for a discrete period of up to three months (if, for example, before an estate is dealt with or an administrator is appointed). This is called an interim authority notice.
To apply for an interim authority notice, please contact our licensing team for the form by calling 01271 388870.
You will also need to pay the appropriate fee which is £23 for the interim authority notice.
Application timescale
We will acknowledge receipt of your application within five working days and will aim to process your application within 15 working days. In the unlikely event you have not heard from us at the end of this time period, your application is deemed complete.
Notification process
A notice may only be given by either a person with a prescribed interest in the premises or a person connected to the former licence holder (normally a personal representative, a person with power of attorney or an insolvency practitioner).
Notice may be given to us within 28 days, beginning the day after the licence has lapsed. As soon as an interim authority notice is given within the 28 day period, the business may carry on any licensable activities permitted by the premises licence.
A copy of the notice should also be given to the chief officer of police. If this isn't done with the same 28 day period, the interim authority notice will stop.
Within two working days of receiving the copy, and if it is decided that the interim authority would undermine the crime prevention objective, the police may give a notice of this to the licensing authority. In such circumstances, we must then hold a hearing to consider the objection notice.
Transfer
Where a premises licence lapses or is surrendered, but no interim authority notice has effect, an eligible person who would like to apply for the grant of a premises licence can do so by applying for a transfer of a premises licence. This will need to be done within 28 days of the lapse of the licence.
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 a new premises licence
If no interim authority notice is received within 28 days of the licence lapsing or an application for transfer made, the licence is cancelled. A further premises licence will only be issued following a new application for the grant of a premises licence.
Further information
If licensable activities continue after a premises licence has lapsed and before an interim authority notice is given, this would be unlawful. However, there is a defence of 'due diligence'. This may be relevant where, for example, the manager of a particular premises is wholly unaware for a period of time that the premises licence holder has died.
If you feel we have failed to provide you with good service or are concerned about the progress of your notification, please contact us so that we can aim to resolve any concerns you may have.