Schedules Schedule 4: Licensing Act 2003: amendments relating to illegal working
Paragraph 1 which inserts a new section 192A into the Licensing Act 2003 ('the 2003 Act') defines entitlement to work in the UK for the purposes of the 2003 Act.
	Paragraph 2 amends Part 3 of the 2003 Act (premises licences) with paragraph 4 providing that a person without the entitlement to work in the UK may not apply for a licence to sell alcohol from particular premises, for example a public house, or to provide late night refreshment. The scheme only applies to licensees who are resident in the UK. Non-resident licensees are not subject to immigration controls.
	Paragraph 3 provides for the Secretary of State to be added to the list of responsible authorities notified when an application for a premises licence is submitted. This will enable the Secretary of State to make relevant representations in respect of such an application if she is satisfied that issuing the licence would undermine the licensing objective of the prevention of crime and disorder. Illegal working is a crime under the new offence created by section 34 of this Act and employing an illegal worker may also be an offence if the mens rea is satisfied under the offence amended by section 35 of this Act.
	Paragraph 5 inserts a new subsection (1A) into section 27 of the 2003 Act with the effect that an existing premises licence lapses if the licence holder ceases to be entitled to work in the UK. Paragraphs 6 to 11 provide that this provision also applies to applications to transfer a licence and to interim authority notices.
	Part 3 amends Part 6 of the 2003 Act (personal licences) with the effect that an applicant for a personal licence must have an entitlement to work in the UK and provides that the commission of immigration offences and requirements to pay civil penalties under immigration law on employers and landlords of illegal migrants may be considered by licensing authorities when considering whether to grant a licence. The commission of immigration offences may be considered by courts when considering forfeiture. Part 3 prescribes the circumstances in which a person has been required to pay a civil penalty, with reference to periods for objecting and appealing and the arrangements for establishing an excuse by conducting specified checks on workers and tenants.
	Paragraph 13 amends section 113 of the 2003 Act. Paragraph 13(3), together with paragraph 21, inserts a new subsection (2A) into section 113 and amends Schedule 4 to the 2003 Act, to make an immigration offence a relevant offence for the purposes of Part 6 of the 2003 Act; and sub-paragraph (4) inserts provision defining 'immigration penalty' and provides when a person is treated as being subject to such a notice.
	Paragraph 14 amends section 115 of the 2003 Act (period of validity of personal licence) to provide that a personal licence ceases to have effect if the holder ceases to be entitled to work in the UK.
	Paragraph 15 amends section 120 of the 2003 Act (determination of application for grant) to provide that if the applicant for a personal licence has been convicted of an immigration offence or been issued with an immigration penalty the chief officer of police and the Secretary of State must be notified of the application. New subsection (5B) of the 2003 Act provides that if, having regard to the applicant's commission of an immigration offence (or foreign comparable offence) or requirement to pay an immigration penalty, the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must issue an immigration objection notice within 14 days. Paragraph 16 amends section 122 of the 2003 Act and inserts a new subsection (2A) into that section to provide for notification by the licensing authority of its decision after the Secretary of State has given an immigration objection notice. Paragraph 17 amends section 123 of the 2003 Act to deal with convictions for an immigration offence or requirement to pay an immigration penalty during the application period and paragraph 18 amends section 124 of the 2003 Act to make provision for convictions for an immigration offence or requirement to pay an immigration penalty which come to light after the grant of a personal licence. New subsection (3B) sets out the steps the Secretary of State may take on being notified of a previous immigration offence or requirement to pay an immigration penalty.
	Paragraph 19 amends section 125(3) of the 2003 Act to require details of immigration penalties to be included in a personal licence and paragraph 20 amends section 132 of the 2003 Act to require a licence holder to notify a licensing authority if required to pay an immigration penalty.
	Paragraph 22 amends section 179 of the 2003 Act to provide power for an immigration officer to enter premises which he has reason to believe are being used for certain licensable activities with a view to seeing whether immigration offences are being committed in connection with that activity.
	Part 5 amends Schedule 5 to the 2003 Act to enable the Secretary of State to appeal against a decision of a licensing authority where the Secretary of State has given notice opposing a transfer of a premises licence (paragraph 24), an interim authority notice (paragraph 25) or grant of a personal licence (paragraph 27). Paragraph 28 inserts into Schedule 5 to the 2003 Act provision that on any appeal, a magistrates' court may not consider whether or not the individual should have been granted leave to enter or remain in the UK.
	Part 6 amends the interpretation section of the 2003 Act (sections 193 and 194) to include a definition of the prevention of illegal working in licensed premises for the purpose of Parts 2 and 3 of this Schedule, and includes immigration offences and penalties in the Act's index of defined expressions.
	Part 7 makes provision for transitional arrangements. Paragraph 34 provides that a premises licence issued before these measures come into force will not lapse if the holder's entitlement to work in the UK ceases. Paragraph 35 makes the same provision in respect of personal licences. Paragraph 36 relates to personal licences granted before or after the measures comes into force and has the effect of providing that a licensing authority may take account of immigration offences which were committed before or after the commencement of these measures when considering applications for personal licences.