L&E pub tenants must act quickly over licences
Tenants of the collapsed London & Edinburgh Swallow Group are being advised to apply for urgent interim licence transfers to keep their pubs open.
Morning Advertiser legal editor Peter Coulson has urged licensees to approach their local licensing authority as soon as possible to get premises licences transferred to their own names.
Coulson says there is clear provision under the new Licensing Act for hosts to obtain an immediate transfer to ensure their business can continue to trade.
He has criticised a misleading letter sent out to licensees by the company's administrators Ernst & Young which warns licensees their pubs could close if they fail to lodge a licence transfer request with their landlord by 17 October.
It says if licences are still in London & Edinburgh's name by that date a new premises licence must be sought and all licensable activities ceased immediately.
The obvious course of action for any lessee is to immediately apply for an interim transfer of the licenceMA legal expert Peter Coulson.
But Coulson said hosts can use section 43 or section 50 of the
Act as an instant way of keeping their licence alive.
Section 43 involves an application for a transfer with a request that it be given immediate effect.
Section 50 involves application for the re-instatement of a licence following insolvency allowing a transfer which will keep it active. "The obvious course of action for any lessee is to immediately apply for an interim transfer of the licence," Coulson advised.
"I think in all the circumstances licensing officers will look favourably on such an application.
"The suggestion in the letter that the premises must close immediately is therefore inaccurate," he said.
Premises licences for London & Edinburgh outlets are in the name of the company or its subsidiaries which went into administration on 14 September.
Ernst & Young has revealed that from 29 September companies under the L&E banner ceased to have any interest in the 450 or so outlets.
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