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Licensing Act 2003

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Licensing Act 2003, Section 124 is up to date with all changes known to be in force on or before 08 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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124Convictions coming to light after grant F1...E+W

This section has no associated Explanatory Notes

(1)This section applies where, after a licensing authority has granted F2... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence [F3(“the licence holder”)] was convicted during the application period of any relevant offence or foreign offence [F4or was required during that period to pay an immigration penalty].

(2)The licensing authority must give a notice to that effect to the chief officer of police for its area.

(3)Where, having regard to—

(a)any conviction of the [F5licence holder] for a relevant offence [F6which occurred before the end of the application period,]

(b)any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence [F7and which occurred before the end of the application period], [F8and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,]

F9... the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

[F10(3A)Where the licence holder was (during the application period)—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(3B)Where, having regard to—

(a)any conviction of the licence holder for an immigration offence which occurred before the end of the application period,

(b)any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).]

(4)Where an objection notice [F11or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be,] (and not withdrawn), the authority—

(a)must hold a hearing to consider the F12... notice, unless the [F13licence holder, the person who gave the notice] and the authority agree it is unnecessary, and

(b)having regard to the notice, must [F14

(i)where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.]

(5)Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.

[F15(5A)Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.]

(6)A decision under this section does not have effect—

(a)until the end of the period given for appealing against the decision, or

(b)if the decision is appealed against, until the appeal is disposed of.

(7)In this section “application period”, in relation to the grant F16... of a personal licence, means the period that—

(a)begins when the application for the grant F16... is made, and

(b)ends at the time of the grant F16....

Textual Amendments

F1Words in s. 124 heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F2Words in s. 124(1) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(3) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F5Words in s. 124(3)(a) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(a)(i); S.I. 2017/380, reg. 2(b)

F8S. 124(3)(c) and preceding word inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(c); S.I. 2017/380, reg. 2(b)

F9Words in s. 124(3) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(d); S.I. 2017/380, reg. 2(b)

F12Word in s. 124(4)(a) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(5)(b)(i); S.I. 2017/380, reg. 2(b)

F14Words in s. 124(4)(b) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(5)(c); S.I. 2017/380, reg. 2(b)

F16Words in s. 124(7) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(4) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

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