Clause 47 - Interim authority notice following death etc. of licence holder
Licensing Bill [Lords]
8:55 am
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I thank the hon. Member for North-East Cambridgeshire (Mr. Moss) for the spirit in which he moved the amendment. He was correct to frame it as he did. Such incidents are often traumatic for the family of the persons concerned and for
employees of the establishments. The system set out in the Bill is designed to benefit principally those sections of the industry that lease property to tenants, although the range of circumstances in which such arrangements might apply goes wider than that.
If a premises licence has lapsed due to the events set out in clause 47—the death, incapacity or insolvency of the licence holder—it may be reinstated so that its authorisation may be transferred to another individual, organisation, or an interim authority obtained, provided that the application is made within seven days of the lapse of the licence. That is a major improvement on the current system, whereby a full hearing before the licensing justices would be required for an interim authority. The time limit is sensible and has been set to minimise the impact of the unfortunate events on those who work at the premises. When the licence lapses, those employed at the premises will effectively be out of a job until the licence is reinstated by the means provided for in the clause.
The seven-day limit was chosen to strike a balance between allowing sufficient time for a bereaved relative, for example, to make an application and the interests of those who earn a living at the premises. Nevertheless, I understand fully what the hon. Gentleman said about the possible state of mind of the relatives at such a time. It is essential that the period of time is kept to a minimum, because the authorisation would essentially have gone with the unfortunate events leading to the lapse of the licence and any steps to put life back into the authorisation should be taken without delay. If there is a longer delay before the premises could again do business, much hardship may be caused to employees who, through no fault of their own, could find themselves unable to earn an income. There is likely to be some uncertainty for employees, even with a period of seven days. There would, however, be less uncertainty under the clause as it stands than with the extended limit proposed in the amendment.
I am sure that hon. Members would not wish to impose such privations on employees, some of whom may be at the lower end of the income spectrum of the licensed trade.