Part 6E+WPersonal licences

F1Grant ... of licencesE+W

Textual Amendments

F1Words in s. 117 cross-heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(1) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

124Convictions coming to light after grant F2...E+W

(1)This section applies where, after a licensing authority has granted F3... 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 [F4(“the licence holder”)] was convicted during the application period of any relevant offence or foreign offence [F5or 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 [F6licence holder] for a relevant offence [F7which 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 [F8and which occurred before the end of the application period], [F9and

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

F10... 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”).

[F11(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 [F12or 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 F13... notice, unless the [F14licence holder, the person who gave the notice] and the authority agree it is unnecessary, and

(b)having regard to the notice, must [F15—

(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.

[F16(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 F17... of a personal licence, means the period that—

(a)begins when the application for the grant F17... is made, and

(b)ends at the time of the grant F17....

Textual Amendments

F2Words 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)

F3Words 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)

F6Words 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)

F9S. 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)

F10Words 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)

F13Word 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)

F15Words 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)

F17Words 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)