Gambling Premises Licences
Reinstatement of a Premises Licence
A premises licence will lapse on the death, incapacity or insolvency of the holder, or in the case of a company if it ceases to exist or goes into administration. An application may be made to reinstate the licence, which if successful, will result in the applicant becoming the new licence holder.
An applicant for the reinstatement of a premises licence must have a legal right to occupy and utilise the licensed premises before they make an application. If more than 6 months has passed since the licence lapsed, it is not possible for it to be reinstated and a new application would be required before any further gambling activities could be carried on.
Before any application can be made for the reinstatement of a premises licence an application for a relevant operating licence must have been submitted to the Gambling Commission. We cannot issue a premises licence before an appropriate operating licence has been granted.
The application allows for the applicant to have interim authority. This will allow an established premise to continue operating whilst the application is considered.
To make an application to reinstate a premises licence, you must:
- complete the prescribed application form To see more about how we record and store your information please the Council’s privacy notice
- enclose the existing premises licence. If it is not possible to provide the premises licence with your application, a statement as to why this is the case should be provided, along with an application for a duplicate copy of the licence.
- accompany the application with the prescribed fee which can be by cash, cheque or Postal Order made payable to Hyndburn Borough Council. We can also take payment over the telephone by either credit or debit card,
You should note that the application process will not start until the fee is received.
Once you have served a copy of the application to the Licensing Authority, you must give notice of your application to the Responsible Authorities. If there is a minor problem with the notice, we may contact you for further information or may return the notice to you for correction. Where there is a fundamental error, the notice may be rejected.
There is no requirement for newspaper or premises advertisements as part of a reinstatement application.
Application for a reinstatement of a premises licence allows the applicant to request that they are treated as if they were the licence holder during the application period. This will allow an established premise to continue operating under the authority of the premises licence while the application is considered. However, the use of this provision does not exempt the applicant from any other requirement under the Act, such as the need to hold a valid operating licence. The effect of this section will commence when the application is received by us, and end upon determination of the application.
There is a legal 28 day consultation period during which representations can be made in relation to an application from Responsible Authorities or interested parties. If we receive no representations within the 28 days, we will grant your application as applied for. If we do receive relevant representations, we will hold a hearing of our Licensing Committee to decide on the application (unless all parties agree that a hearing is not necessary). We will tell you about the arrangements for the hearing. We will aim to hold the hearing within 20 working days following the final date for the receipt of representations.
After the Licensing Committee has heard all parties it will make its decision. It may:
- Grant the application
- Reject the application
This decision is usually made at the time of the hearing. This will be confirmed in writing with the reasons for the decision along with information on what you need to do if you want to appeal. Both the applicant and anyone making representations can appeal to the local magistrates’ court if they are dissatisfied with the decision.