COMMENTARY ON SECTIONS General Section 47 – Interim authority notice following death etc of licence holder
99.In the initial seven days after the lapse of a premises licence due to the death, mental incapacity or insolvency of a premises licence holder, those with a prescribed interest in the relevant premises or connected to the licence holder (by virtue of being the licence holder’s personal representative, having an enduring power of attorney in respect of the individual or acting as insolvency practitioner), under this section can give an interim authority notice to the relevant licensing authority. But no notice can be given if application for a transfer of the premises licence under section 50 has already been made (see paragraph 102 below). Any such notice may be required to be in a form prescribed by the Secretary of State and to be accompanied by a fee. By virtue of subsection (6) the effect of such a notice will be to reinstate the lapsed premises licence, and for the person who gave that notice to become the licence holder, from the time the authority receives the notice for two months, or until terminated by the person who gave notice, unless a successful transfer application is made to the relevant authority within that time. The reinstated licence will also lapse if the police are not notified of the giving of the notice within the initial seven day period (see subsection (7)). A person who gives an interim authority notice becomes the holder of the licence for the interim authority period. Subsection (8) makes it clear that, notwithstanding this, he may apply for the licence to be transferred to him permanently.