Licensing Act 2003 (c. 17)

Part 3 E+W Premises licences

Transfer following death etc. of licence holder E+W

50 Reinstatement of licence on transfer following death etc. of holder E+W

(1) This section applies where—

(a) a premises licence lapses by virtue of section 27 (death, incapacity or insolvency etc. of the holder), but no interim authority notice has effect, or

(b) a premises licence lapses by virtue of section 28 (surrender).

(2) For the purposes of subsection (1)(a) an interim authority notice ceases to have effect when it is cancelled under section 48 or withdrawn.

(3) Notwithstanding the lapsing of the licence, a person mentioned in section 16(1) [F1 (and who would, where applicable, satisfy subsections (2) and (2A) of section 42)] may apply under section 42 for the transfer of the licence to him provided that the application—

(a) is made no later than [F2 28 days] after the day the licence lapsed, and

(b) is one to which section 43(1)(a) applies.

(4) Where an application is made in accordance with subsection (3), section 43(1)(b) must be disregarded.

(5) Where such an application is made, the premises licence is reinstated from the time the application is received by the relevant licensing authority.

(6) But the licence lapses again if, and when—

(a) the applicant is notified of the rejection of the application, or

(b) the application is withdrawn.

(7) Only one application for transfer of the premises licence may be made in reliance on this section.

Textual Amendments

F1 Words in s. 50(3) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 11; S.I. 2017/380, reg. 2(b)

F2 Words in s. 50(3)(a) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(3) (with art. 4)