Bankruptcy

[straydogs]

I have considerable debts and think the only solution is to apply for bankruptcy. Does anyone know if this will affect my licence? I cannot afford to lose my job as a licensee as well.

[dannydingbat]

I am a Local Government lawyer specialising in licensing. Under the new Licensing Act, the Premises Licence will cease if the holder becomes insolvent, mentally incapable or dies. However,the licence can be held in abeyance by someone else associated with the business by issuing an Interim Authority within 7 days of the event which causes the insolvency. This keeps the business open. They then find someone to transfer the licence to. You do not say whether you are the Premises Licence holder or the Designated Premises Superivsor or perhaps both. I expect you will be a Personal Licence holder. This will not be affected by a bancruptcy.

So if you have a wife or business associate, you can probably keep your job as a DPS but not as a Licence Holder. I would like to get more information from you and advise you further but I am going abroad tomorrow and do not know when I can again access this site. I will, however, try.

[straydogs]

Thanks Danny. I am only the Designated Premises Supervisor at present and hoping to take the Personal exam later. Are you saying that I could retain my DPS status but not now progress further? I appreciate that you are going away, is there any legislation you could refer me to so that I could research this as I am desperate to get this sorted out as soon as possible but don't want to lose my job.

[Buenchico]

I wouldn't normally post where there's already an 'expert' on the case but, in case Danny can't post before he goes away, here are the relevant legal links:

The whole of the Licensing Act 2003 is here:
http://www.opsi.gov.uk/acts/acts2003/20030017.htm

Click on Section 27 for the most relevant part of the legislation. Then scroll down to Sections 47 and 50 for the exact version of the rest of the information which Danny has already summarised.

Just a suggestion: If you're a member of a trade association (e.g. NALHM) then you should be able to obtain free legal advice through that association.

Hoping this helps (and with apologies if you think I'm just 'sticking my nose in where it's not wanted').

Chris

[dannydingbat]

Buenchico, no problem at all - your posts suggest you are one of the more intelligent and helpful posters on this site. You have provided the link I would have provided anyway.

Straydogs, I am a little confused with your response. Under the Act you cannot be a DPS unless you already have a Personal Licence so I am not sure that what you say is correct. No matter. If you have the premises licence in your name, you will have a problem if you become bankrupt. A personal licence is not affected by this.

Have a look at the Guidance on the Act at this link:

http://www.culture.gov.uk/NR/rdonlyres/75E40461-FAA7-4B45-B619-ECB4CB9B0BCA/0/Chapter5PremisesLicences.pdf

I would also suggest you have a chat to your Council Licensing section about what you can or cannot do in these circumstances.

[straydogs]

I am really grateful to you both for all this info. I'm now going through all the links that you have given me and hopefully will be able to sort myself out.