By thePublican.com's legal team of experts at London solicitors Joelson Wilson.
There's been a lot of interest in the article about the treatment of existing provisional licences under the new act.
What was said in that article is changed by the new draft guidance published on August 7.
Paragraph 13.37 of the new draft guidance indicates that, on completion of works, "applications may be made during the transitional period for the grant of a premises licence" in respect of premises for which a provisional licence has previously been granted.
This is presumably on the basis that secondary legislation will specify the whole 10 months of the transitional period as the period within which such an application might be made.
However, the wording of the act indicates that any such application will have to be made so that it is received by the licensing authority following completion of the works but before the provisional licence has been made final. Timing therefore will be key.
However, the act merely says that in determining whether to grant a premises licence in such circumstances, the licensing authority "must have regard to" the provisional grant.
The guidance repeats this but does not say what the licensing authority should do where works are completed after the end of the transitional period - when the new act is in full force.
I am taking this up with the Department for Culture, Media and Sport and will let you know what response I receive.
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