Immigration Act 2016 - and licensing - Guidance issued

We refer to our previous news on the impact of the new Immigration Act 2016 on the licensing process.

The Home Office has just issued Guidance on the impact, application and enforcement of these provisions which can be found here. 

The Guidance sets out what the immigration amendments to the 2003 Act mean for licensing authorities and the Home Office (Immigration Enforcement), which are, in summary:

• Licensing authorities are under a duty not to issue licences to individuals who do not have the required immigration permission to work in a licensable activity.
• Home Office (Immigration Enforcement) will undertake the role of a ‘responsible authority’ as defined in the 2003 Act. It will also use the power of entry under section 179 of the 2003 Act to investigate illegal working in premises engaged in licensable activities, working closely with          licensing enforcement officers and the police.

The Guidance applies to applications sent to licensing authorities in England and Wales on or after 6 April 2017.

Equivalent guidance will be issued for the relevant licence issuing bodies in Scotland and Northern Ireland when the measures are implemented there.