Interim Authority Notice

An “interim authority” notice may be given to the licensing authority where a premises licence has lapsed owing to the death, mental incapacity or insolvency of the premises licence holder, where the holder is an individual or on the dissolution or insolvency of a company which holds a premises licence.  

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.

Eligibility criteria

When the holder of a licence dies suddenly or becomes bankrupt or mentally incapable, an “interim authority” notice may be given to the licensing authority within seven days beginning the day after the licence lapsed, otherwise the licence lapses and an application for a new premises licence would need to be made.

The notice may be given by a person who has a prescribed interest in the premises concerned or is connected to the former holder of the premises licence. 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/her under a power of attorney
• the former holder has become insolvent and that person is his/her insolvency practitioner

A summary of the regulation relating to this licence

Application evaluation process

Applications must be sent to the licensing authority for the area where the premises are located. It is in the public interest that the authority must process your application before it can be granted.

Where do I send the forms?

The Licensing Authority and Metropolitan Police within seven days beginning the day after the licence lapsed.

Interim authority notice form (PDF, 65k)

Is there any other information I must send with the forms? 

The correct fee: £23. Cheques to be made payable to the London Borough of Tower Hamlets;

Online payments can be made on http://www.towerhamlets.gov.uk/content_pages/pay_it.aspx

What happens if representations are received?

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.

What happens next?

On receipt of an Interim Authority Notice the Council must give the person giving the notice a copy of the licence and a copy of the summary. The person giving the notice must also notify the DPS (if any).

The Police may object on crime prevention grounds to an Interim Authority Notice within 48 hours of receipt of the copy notice. If necessary a hearing must be held and if the Council considers it appropriate the Interim Authority must be cancelled. A notice of this decision with reasons must be given to the applicant and a copy of the notice issued to the Police. The licence will again lapse.

How long is the Interim Authority Notice valid for?

The maximum period for which an interim authority notice may have effect is two months. An application for transfer

Appeals and complaints

An interim Authority may be cancelled by us 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.

Where an Interim Authority Notice is cancelled the applicant may appeal. Where the Police make representations but the Interim Authority Notice is not cancelled the Police may appeal. The appeal must be made to the Magistrates Court. A notice of appeal must be given to the justices’ chief executive for the Magistrates Court within a period of 21 days beginning with the day on which the appellant was notified by us.

Where a licence lapses but no Interim Authority Notice is given (or this notice is cancelled) an application to transfer the premises licence can be made. This must be no later than seven days after the licence lapses and the transfer can have immediate effect.