Hi All
we had been in an iva since last december which it go so well with our financial.Myself and mywife we have our own business is a restaurant.On friday morning I have the phone call from the police and he said my licence is invalidation can't sell any alcohol at all because of iva.And I made the contact with the company that do iva for us asked them what is going on why we haven't been told?They can't answer me.Then later in that day we find out when we made the contact to the councill what the councill said was when you are in an iva you still able to hold your drink personal license but you loose your premises licence you must to make the tranfer to someone else to hold the premises license for you within 7 days after your have been an iva.Which all these thing we havn't got a clue at all why it haappened and we haven't been told at all before we decide to do an iva.Now we can't sell alcohol in the restaurant we have to find someone to hold the licence for us and the cost to pay solicitor to doing it around 1000 pound plus the fee for the new application which we don't know what to do so much money to pay out.What the best advice for us why my agent didn't warn us about this or they haven't got any knowlage of this licence thing.We feel so tired of all this we both work so hard for living and it seem to be the more we work the more we pay.
Hey Paul, welcome to the forum. I'm not sure where you stand with your IP not knowing about the licence. I know when I first started posting on here I was told about the premises licence and that I think you have seven days to transfer it. I didn't realise that the solicitors costs are so much to transfer the licence. Please hang in there and an expert will be along to advise you. I hope you can sort this soon. Viki X
Hi
What a strange ruling,why can you not hold a premises license whilst in an IVA ?
Ridiculous
Ask your IP to allow a payment break so that you can fund the license transfer
Regards
I feel sure that it is your designated premises supervisor status which is affected by the IVA and not your liquor licence. You can have the latter but not the former. Your IP ought to have been aware of this as this did change under the terms of the Licensing Act 2003.
Hi
After all this thing happened and we spoke to our ip they still don't know about we have to tranfer the premise licence in 7 days after we are in an iva.that make we feel like they aren't a professinal company.But anyway we have apply for the new premise licence now by helping hand from the member of the family to fund the fee around 1100 pounds.Usesually the business didn't make much money which in this economic state people stop going out we only can manage make the business breaking even sometime not.Which we loosing licence make it even worst I hope everything will getting better when we can sell alcohol again and I hope the economic getting better soon before I can't manage anymore.thank you
Sorry to hear this - as others suggested you will need to identify someine to take it on and seek a payment break from your iva to find the solicitors money.
It sounds a silly ruling to me but there appears to be no way round it at this stage.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
Silly as it may be, it is in the regulations and the IP shoulfd have been aware and warned you. That said, as Licensee it is your responsibility to make yourself aware of the conditions of holding a licence and to comply with them. The advice to the previous poster will still apply, such as it is. Hopefully your IP can assist with a payment break to fund the application under a different persons name.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Any insolvency firm should know the law about premises licences and advise you in advance. It is not a new thing so you should urgently speak with the IP and ask why this was not discussed. I accept Foggy's point that it is your responsibility to ensure you remain within the law but the IP should be aware of the implications of any insolvency and advise their clients accordingly.
