Interim Authority

This procedure provides for the continuation of a premises licence when the holder of a premises licence:

• dies
• becomes mentally incapable
• becomes bankrupt

For the purposes of this legislation bankruptcy has the same meaning as in the Insolvency Act

A person who has a prescribed interest in the premises concerned or is connected to the former holder of the premises licence immediately before the licence lapsed may give interim notice to the Licensing Authority. Such notice must be accompanied by the relevant fee  For the notice to be valid it must be given not later than 7 days after the premise licence lapses.  Only one interim authority notice may be given.

The effect of the interim authority is to reinstate the premises licence from the time the notice is received and the person giving the notice becomes the licence holder.

If the person giving the interim notice is not the designated premises supervisor (DPS) and the licensable activities include the sale of alcohol by retail that person must give notice to the DPS that they have become the holder of the premises licence.

An interim Authority may be cancelled by the Licensing Authority following an objection by the police on grounds that the crime prevention objective will not be promoted.  Where such an objection is made a hearing must be held to determine the matter.

 

Prescribed Interests

For the purposes of an Interim Authority a person has a prescribed interest if:

• 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 under a power of attorney registered under section 13(1), Enduring Powers of Attorney Act 1985; or
• the former holder has become insolvent and that person is his insolvency practitioner

 

Contact the Licensing Section

Telephone: 01304 872295
E-mail: licensing@dover.gov.uk