LIQUOR LICENSING ACT 1997 - SECT 73
LIQUOR LICENSING ACT 1997 - SECT 73
73—Devolution of licensee's rights
(1) If a licensee or
one of two or more joint licensees dies—
(a) the
executor of the will or the administrator of the estate; or
(b) a
relative of the deceased acting with the permission of the licensing
authority,
may, for 1 month after the date of death or a longer period approved by the
licensing authority, carry on business as the licensee or one of the licensees
(as the case requires) under the licence.
(2) If a licensee or
one of two or more joint licensees becomes physically or mentally incapable of
carrying on business under the licence—
(a) a
person authorised or appointed by law to administer the licensee's affairs; or
(b) a
relative of the licensee acting with the permission of the licensing
authority,
may, for 1 month after the commencement of the incapacity or a longer period
approved by the licensing authority, carry on business as the licensee or one
of the licensees (as the case requires) under the licence.
(3) If a licensee
ceases to occupy the licensed premises to which the licence relates, a
landlord, mortgagee or other person acting with the permission of the
licensing authority may, for a period of 1 month or a longer period approved
by the licensing authority, carry on business as the licensee under the
licence.
(4) If a licence is
surrendered or revoked, the licensing authority may, on application by a
landlord, mortgagee or other person who satisfies the authority that it stands
to suffer loss in consequence of the surrender or revocation, grant a
temporary licence—
(a) of
the same class, and subject to the same conditions, as the licence that was
surrendered or revoked; but
(b)
subject to a condition that the licence will expire at the end of a term fixed
by the licensing authority not exceeding 6 months.
(5) An approval,
permission or temporary licence may be granted under this section by the
licensing authority—
(a) on
the application of the person seeking it without hearing or inviting
representations from any other person; and
(b) on
conditions the licensing authority thinks fit.
(6) A temporary
licence under this section may be converted into an ordinary licence by
revocation of the condition referred to in subsection (4)(b) but an
application for revocation of such a condition must not be granted unless the
licensing authority is satisfied—
(a) that
the person who is to hold the licence on revocation of the condition is a fit
and proper person to hold a licence of the relevant class; and
(b) if
that person is a trust or corporate entity—that each person who occupies
a position of authority in the entity is a fit and proper person to occupy
such a position in an entity holding a licence of that class.
(7) If the person who
is to hold the licence on revocation of the condition is to supervise or
manage, or be actively involved in the supervision and management of, the
business conducted under the licence but does not have the appropriate
knowledge, experience and skills for that purpose, the licensing authority may
nevertheless grant the application for revocation of the condition and impose
a condition of the licence that the person undertake specified accredited
training within a specified time after the grant of the application.