Immigration Bill (HL Bill 96)

(a) the individual does not under the Immigration Act 1971
require leave to enter or remain in the United Kingdom, or

(b) the individual has been granted such leave and the leave—

(i) is not invalid,

(ii) 5has not ceased to have effect (whether by reason of
curtailment, revocation, cancellation, passage of time
or otherwise), and

(iii) is not subject to a condition preventing the individual
from doing work relating to the carrying on of a
10licensable activity within section 1(1)(a) or (d).

(2) Where an individual is on immigration bail within the meaning of
Part 1 of Schedule 9 to the Immigration Act 2016—

(a) the individual is to be treated for the purposes of subsection
(1) as if the individual had been granted leave to enter the
15United Kingdom, but

(b) any condition as to the individual’s work in the United
Kingdom to which the individual’s immigration bail is
subject is to be treated for those purposes as a condition of
leave.”

20Part 2 Premises licences

2 Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.

3 In section 13(4) (meaning of “responsible authority”), after paragraph (h)
insert—

“(ha) 25where the premises (not being a vessel) are being, or are
proposed to be, used for a licensable activity within section
1(1)(a) or (d), the Secretary of State,”.

4 (1) Section 16 (applicant for premises licence) is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsections (2) and
30(2A),”.

(3) In subsection (2), omit “But”.

(4) After subsection (2) insert—

“(2A) An individual who is resident in the United Kingdom may not apply
for a premises licence authorising premises to be used for a licensable
35activity within section 1(1)(a) or (d) unless the individual is entitled
to work in the United Kingdom.”

5 In section 27 (death, incapacity, insolvency etc of licence holder), after
subsection (1) insert—

“(1A) A premises licence that authorises premises to be used for a
40licensable activity within section 1(1)(a) or (d) also lapses if the
holder of the licence ceases to be entitled to work in the United
Kingdom at a time when the holder of the licence is resident in the
United Kingdom (or becomes so resident without being entitled to
work in the United Kingdom).”

6 (1) Section 42 (application for transfer of premises licence) is amended as
follows.

(2) After subsection (2) insert—

“(2A) Where the applicant is an individual who is resident in the United
5Kingdom and the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d) he must also be
entitled to work in the United Kingdom.”

(3) After subsection (5) insert—

“(5ZA) Where the premises licence authorises premises to be used for a
10licensable activity within section 1(1)(a) or (d), the relevant person
must also give notice of the application to the Secretary of State.”

(4) In subsection (5A), for “subsection (5)” substitute “subsections (5) and
(5ZA)”.

(5) After subsection (7) insert—

“(8) 15Where the Secretary of State is given notice under subsection (5ZA)
and is satisfied that the exceptional circumstances of the case are
such that granting the application would be prejudicial to the
prevention of illegal working in licensed premises, the Secretary of
State must give the relevant licensing authority a notice stating the
20reasons for being so satisfied.

(9) The Secretary of State must give that notice within the period of 14
days beginning with the day on which the Secretary of State is
notified of the application under subsection (5ZA).”

7 (1) Section 44(5) (determination of transfer application) is amended as follows.

(2) 25In the words before paragraph (a), after “section 42(6)” insert “or (8)”.

(3) In paragraph (a), for “chief officer of police” substitute “person”.

(4) For paragraph (b) substitute—

“(b) having regard to the notice—

(i) where the notice is given under section 42(6), reject
30the application if it considers it appropriate for the
promotion of the crime prevention objective to do so,
or

(ii) where the notice is given under section 42(8), reject
the application if it considers it appropriate for the
35prevention of illegal working in licensed premises to
do so.”

8 (1) Section 45 (notification of determination under section 44) is amended as
follows.

(2) In subsection (2)—

(a) 40after “that section” insert “or the Secretary of State gave a notice
under subsection (8) of that section”;

(b) for “(and it” substitute “(which, in either case,”

(3) After subsection (2) insert—

“(2A) Where the Secretary of State gave a notice under subsection (8) of
section 42 (which was not withdrawn), the notice under subsection
(1) of this section must also be given to the Secretary of State.”

9 (1) 5Section 47 (interim authority notice following death etc of licence holder) is
amended as follows.

(2) In subsection (1)—

(a) after “or (c)” insert “or (1A)”;

(b) after “holder” insert “or change of immigration status”.

(3) 10In subsection (3), after “subject to” insert “subsection (3A) and”.

(4) After subsection (3) insert—

“(3A) Where the premises licence authorises premises to be used for a
licensable activity within section 1(1)(a) or (d), a person falling
within subsection (2)(a) or (b) who is an individual who is resident
15in the United Kingdom may give an interim authority notice only if
the person is entitled to work in the United Kingdom.”

(5) In subsection (7), after paragraph (a) insert—

“(aa) where the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d), at the end of
20the initial 28 day period unless before that time the person
who gave the interim authority notice has given a copy of the
notice to the Secretary of State;”.

(6) In subsection (7A)—

(a) in paragraph (a), for “subsection (7)(a) does” substitute “paragraphs
25(a) and (aa) of subsection (7) do”;

(b) in paragraph (b), at the end insert “and, where the premises licence
authorises premises to be used for a licensable activity within section
1(1)(a) or (d), to the Secretary of State.”

10 (1) Section 48 (cancellation of interim authority notice following police
30objections) is amended as follows.

(2) In the heading, omit “police”.

(3) In subsection (1), for “This section” substitute “Subsection (2)”.

(4) After subsection (2) insert—

“(2A) Subsection (2B) applies where—

(a) 35an interim authority notice by a person (“the relevant
person”) is given in accordance with section 47,

(b) the Secretary of State is given a copy of the interim authority
notice before the end of the initial 28 day period (within the
meaning of that section), and

(c) 40the Secretary of State is satisfied that the exceptional
circumstances of the case are such that a failure to cancel the
interim authority notice would be prejudicial to the
prevention of illegal working in licensed premises.

(2B) The Secretary of State must before the end of the second working day
following receipt of the copy of the interim authority notice give the
relevant licensing authority a notice stating why the Secretary of
State is so satisfied.”

(5) 5In subsection (3)—

(a) in the words before paragraph (a), for “by the chief officer of police”
substitute “under subsection (2) or (2B)”;

(b) in paragraph (a), for “chief officer of police” substitute “person who
gave the notice”;

(c) 10for paragraph (b) substitute—

“(b) having regard to the notice—

(i) where the notice is given under subsection (2),
cancel the interim authority notice if it
considers it appropriate for the promotion of
15the crime prevention objective to do so, or

(ii) where the notice is given under subsection
(2B), cancel the interim authority notice if it
considers it appropriate for the prevention of
illegal working in licensed premises to do so.”

(6) 20After subsection (5) insert—

“(5A) Where an interim authority notice is cancelled under subsection
(3)(b)(ii), the licensing authority must also give a copy of the notice
under subsection (4) to the Secretary of State.”

11 In section 50 (reinstatement of licence on transfer following death etc of
25holder), in subsection (3), for “(who, in the case of an individual, is aged 18
or over)” substitute “(and who would, where applicable, satisfy subsections
(2) and (2A) of section 42)”.

Part 3 Personal licences

12 30Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.

13 (1) Section 113 (meaning of “relevant offence” and “foreign offence”) is
amended as follows.

(2) In the heading, for “and “foreign offence”” substitute “, “immigration
offence”, “foreign offence” and “immigration penalty””.

(3) 35After subsection (2) insert—

“(2A) In this Part “immigration offence” means—

(a) an offence referred to in paragraph 7A of Schedule 4, or

(b) an offence listed in paragraph 24 or 25 of Schedule 4 that is
committed in relation to an offence referred to in paragraph
407A of that Schedule.”

(4) At the end insert—

“(4) In this Part “immigration penalty” means a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act
2006 (“the 2006 Act”), or

(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).

(5) For the purposes of this Part a person to whom a penalty notice
under section 15 of the 2006 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

(a) 5the person is excused payment by virtue of section 15(3) of
that Act, or

(b) the penalty is cancelled by virtue of section 16 or 17 of that
Act.

(6) For the purposes of this Part a person to whom a penalty notice
10under section 15 of the 2006 Act has been given is not to be treated as
having been required to pay an immigration penalty until such time
as—

(a) the period for giving a notice of objection under section 16 of
that Act has expired and the Secretary of State has considered
15any notice given within that period, and

(b) if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(7) 20For the purposes of this Part a person to whom a penalty notice
under section 23 of the 2014 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 24 of that
Act, or

(b) 25the penalty is cancelled by virtue of section 29 or 30 of that
Act.

(8) For the purposes of this Part a person to whom a penalty notice
under section 23 of the 2014 Act has been given is not to be treated as
having been required to pay an immigration penalty until such time
30as—

(a) the period for giving a notice of objection under section 29 of
that Act has expired and the Secretary of State has considered
any notice given within that period, and

(b) if a notice of objection was given within that period, the
35period for appealing under section 30 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.”

14 (1) Section 115 (period of validity of personal licence) is amended as follows.

(2) In subsection (2), after “subsections” insert “(2A),”.

(3) 40After subsection (2) insert—

“(2A) A personal licence ceases to have effect if the holder of the licence
ceases to be entitled to work in the United Kingdom.”

15 (1) Section 120 (determination of application for grant) is amended as follows.

(2) In subsection (2)—

(a) 45after paragraph (a) insert—

“(aa) he is entitled to work in the United Kingdom,”;

(b) in paragraph (d), at the end insert “or required to pay an immigration
penalty”.

(3) In subsection (3), for “paragraph (a), (b) or (c)” substitute “any of paragraphs
(a) to (c)”.

(4) 5In subsection (4), for “(a), (b) and (c)” substitute “(a) to (c)”.

(5) In subsection (5)—

(a) omit the “and” at the end of paragraph (a);

(b) at the end of paragraph (b) insert “and

(c) the applicant having been required to pay any
10immigration penalty,”.

(6) After subsection (5) insert—

“(5A) If it appears to the authority that the applicant meets the conditions
in paragraphs (a) to (c) of subsection (2) but fails to meet the
condition in paragraph (d) of that subsection by virtue of having
15been—

(a) convicted of an immigration offence,

(b) convicted of a foreign offence that the authority considers to
be comparable to an immigration offence, or

(c) required to pay an immigration penalty,

20the authority must give the Secretary of State a notice to that effect.

(5B) Where, having regard to—

(a) any conviction of the applicant for an immigration offence,

(b) any conviction of the applicant for a foreign offence which
the Secretary of State considers to be comparable to an
25immigration offence, and

(c) the applicant having been required to pay any immigration
penalty,

the Secretary of State is satisfied that granting the licence would be
prejudicial to the prevention of illegal working in licensed premises,
30the Secretary of State must, within the period of 14 days beginning
with the day the Secretary of State received the notice under
subsection (5A), give the authority a notice stating the reasons for
being so satisfied (an “immigration objection notice”).”

(7) In subsection (6), for “is given within that period (or the notice is
35withdrawn)” substitute “or immigration objection notice is given within the
period of 14 days referred to in subsection (5) or (5B) (as the case may be), or
any such notice given is withdrawn,”.

(8) In subsection (7)—

(a) in the words before paragraph (a), for “In any other case,” substitute
40“Where an objection notice or an immigration objection notice is
given within the period of 14 days referred to in subsection (5) or (5B)
(as the case may be), and not withdrawn,”;

(b) in paragraph (a)—

(i) omit “objection”;

(ii) 45for “chief officer of police” substitute “person who gave the
notice”;

(c) for paragraph (b) substitute—

“(b) having regard to the notice, must—

(i) where the notice is an objection notice, reject
the application if it considers it appropriate
5for the promotion of the crime prevention
objective to do so, or

(ii) where the notice is an immigration objection
notice, reject the application if it considers it
appropriate for the prevention of illegal
10working in licensed premises to do so.”

(9) After subsection (7) insert—

“(7A) An application that is not rejected by the authority under subsection
(7)(b) must be granted by it.”

16 (1) Section 122 (notification of determinations) is amended as follows.

(2) 15In subsection (1)—

(a) after “objection notice” insert “or the Secretary of State gave an
immigration objection notice”;

(b) after “(which” insert “, in either case,”.

(3) After subsection (2) insert—

“(2A) 20Where the Secretary of State gave an immigration objection notice
(which was not withdrawn) the notice under subsection (1)(a) or (2),
as the case may be, must also be given to the Secretary of State.”

(4) In subsection (3), in the definition of “objection notice”, for “has” substitute
“and “immigration objection notice” have”.

17 (1) 25Section 123 (duty to notify licensing authority of convictions during
application period) is amended as follows.

(2) In the heading, after “convictions” insert “etc”.

(3) In subsection (1)—

(a) after “application period” insert “, or is required to pay an
30immigration penalty during that period”;

(b) after “conviction” insert “or the requirement to pay (as the case may
be)”.

18 (1) Section 124 (convictions coming to light after grant) is amended as follows.

(2) In subsection (1)—

(a) 35for “(“the offender”)” substitute “(“the licence holder”)”;

(b) at the end insert “or was required during that period to pay an
immigration penalty”.

(3) In subsection (3)—

(a) in paragraph (a)—

(i) 40for “applicant” substitute “licence holder”;

(ii) for “, and” substitute “which occurred before the end of the
application period,”;

(b) in paragraph (b), after “relevant offence” insert “and which occurred
before the end of the application period”;

(c) at the end of paragraph (b) insert “and

(c) the licence holder having been required before the
end of the application period to pay any immigration
penalty,”;

(d) 5in the words after paragraph (b), omit “which occurred before the
end of the application period,”.

(4) After subsection (3) insert—

“(3A) Where the licence holder was (during the application period)—

(a) convicted of an immigration offence,

(b) 10convicted of a foreign offence that the licensing authority
considers to be comparable to an immigration offence, or

(c) required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(3B) Where, having regard to—

(a) 15any conviction of the licence holder for an immigration
offence which occurred before the end of the application
period,

(b) any conviction of the licence holder for a foreign offence
which the Secretary of State considers to be comparable to an
20immigration offence and which occurred before the end of
the application period, and

(c) the licence holder having been required before the end of the
application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence
25would be prejudicial to the prevention of illegal working in licensed
premises, the Secretary of State must, within the period of 14 days
beginning with the day the Secretary of State received the notice
under subsection (3A), give the authority a notice stating the reasons
for being so satisfied (an “immigration objection notice”).”

(5) 30In subsection (4)—

(a) in the words before paragraph (a), for “is given within that period”
substitute “or an immigration objection notice is given within the
period of 14 days referred to in subsection (3) or (3B), as the case may
be,”;

(b) 35in paragraph (a)—

(i) omit “objection”;

(ii) for “holder of the licence, the chief officer of police” substitute
“licence holder, the person who gave the notice”;

(c) in paragraph (b), for the words from “revoke” to the end of the
40paragraph substitute “—

(i) where the notice is an objection notice, revoke
the licence if it considers it appropriate for the
promotion of the crime prevention objective
to do so, or

(ii) 45where the notice is an immigration objection
notice, revoke the licence if it considers it
appropriate for the prevention of illegal
working in licensed premises to do so.”

(6) After subsection (5) insert—

“(5A) Where the authority revokes or decides not to revoke a licence under
subsection (4)(b)(ii) it must also notify the Secretary of State of the
decision and its reasons for making it.”

19 (1) 5Section 125(3) (form of personal licence) is amended as follows.

(2) For “of each” substitute “of—

(a) each”.

(3) At the end insert—

“(b) each immigration penalty that the holder has been required
10to pay and the date of each notice by which such a penalty
was imposed.”

20 (1) Section 132 (licence holder’s duty to notify licensing authority of
convictions) is amended as follows.

(2) In the heading, after “convictions” insert “etc”.

(3) 15After subsection (2) insert—

“(2A) Subsection (2B) applies where the holder of a personal licence is
required to pay an immigration penalty.

(2B) The holder must, as soon as reasonably practicable after being
required to pay the penalty, give the relevant licensing authority a
20notice containing details of the penalty, including the date of the
notice by which the penalty was imposed.”

(4) In subsection (3), after “(2)” insert “or (2B)”.

21 In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—

“7A An offence under any of the Immigration Acts.”

25Part 4 Rights of entry

22 (1) Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable
activities) is amended as follows.

(2) After subsection (1) insert—

“(1A) 30Where an immigration officer has reason to believe that any
premises are being used for a licensable activity within section
1(1)(a) or (d), the officer may enter the premises with a view to seeing
whether an offence under any of the Immigration Acts is being
committed in connection with the carrying on of the activity.”

(3) 35In subsection (2)—

(a) after “authorised person” insert “or an immigration officer”;

(b) for “the power”, in the first place it occurs, substitute “a power”.

(4) In subsection (3), for “the power” substitute “a power”.

(5) In subsection (4), after “authorised person” insert “or an immigration
40officer”.

(6) In subsection (6)—

(a) omit “and” at the end of the definition of “authorisation”;

(b) at the end of the subsection insert—

• “““immigration officer” means a person appointed as an
  5immigration officer under paragraph 1 of Schedule 2
  to the Immigration Act 1971.”

Part 5 Appeals

23 Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.

24 (1) 10Paragraph 6 (transfer of licence) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “42(6)” insert “or the Secretary of State gave a notice under
section 42(8)”;

(b) after “(which” insert “, in either case,”.

(3) 15In sub-paragraph (2), after “police” insert “or the Secretary of State, as the
case may be,”.

25 (1) Paragraph 7 (interim authority notice) is amended as follows.

(2) In sub-paragraph (1)(b)—

(a) after “48(2)” insert “or the Secretary of State gives a notice under
20section 48(2B)”;

(b) after “(which” insert “, in either case,”.

(3) In sub-paragraph (3), for “the notice under that subsection,” substitute “the
interim authority notice under section 48(3) after the giving of a notice by a
chief officer of police under section 48(2),”.

(4) 25After sub-paragraph (3) insert—

“(3A) Where the relevant licensing authority decides not to cancel the
interim authority notice under section 48(3) after the giving of a
notice by the Secretary of State under section 48(2B), the Secretary
of State may appeal against that decision.”

26 30In paragraph 9 (general provision about appeals under Part 1 of Schedule 5),
in sub-paragraph (4), after “paragraph 7(3)” insert “or (3A)”.

27 (1) Paragraph 17 (personal licences) is amended as follows.

(2) In sub-paragraph (2)—

(a) for “section 120(7)” substitute “120(7A) after the giving of a notice
35under section 120(5)”;

(b) for “objection notice (within the meaning of section 120(5))”
substitute “notice”.

(3) After sub-paragraph (2) insert—

“(2A) Where a licensing authority grants an application for a personal
40licence under section 120(7A) after the giving of a notice under
section 120(5B), the Secretary of State may appeal against that
decision.”