Licensing Applications

Insolvency or Death

When a Premises Licence Holder becomes insolvent or dies and the business is being taken over, the transfer of the premise licence can sometimes be overlooked.

The premises licence will lapse within seven days if the appropriate 'reinstatement' action is not taken but it is in everyone's interest that the licence survives and is transferred.

Reinstatement can occur in one of two ways:

1. The first is by giving an interim authority notice to the Local Licensing Authority and this must be given by the freeholder, leaseholder or the Premises Licence Holder's insolvency practitioner or executor. Notice must also be given to the local Chief Police Officer within the seven day period. Once granted, an application to transfer the licence must be made within two months of the Interim Authority Notice being given.

2. The other way to reinstate a lapsed premises licence is by making an application to transfer the premises licence to the landlord, or to someone nominated by the landlord. The transfer must occur within seven days and the police must be informed as before.

In both cases, before the Interim Authority Notice or Transfer is in place, no licensable activity can take place after the date of the insolvency or death.