3. In section 147 of the 2005 Act (interpretation) after subsection (5)(1) insert—
“(6) For the purposes of this Act an individual is entitled to work in the United Kingdom if—
(a)the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
(b)the individual has been granted such leave and the leave—
(i)is not invalid,
(ii)has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and
(iii)is not subject to a condition preventing the individual from doing work relating to the sale of alcohol on any premises.
(7) Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—
(a)the individual is to be treated for the purposes of subsection (6) as if the individual had been granted leave to enter the United Kingdom, but
(b)any condition as to the individual’s work in the United Kingdom to which the individual’s immigration bail is subject is to be treated for those purposes as a condition of leave.”.
4. After section 42 of the 1982 Act (late hours catering licences)(2) insert—
(1) For the purposes of section 42(2A) an individual is entitled to work in the United Kingdom if—
(a)the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
(b)the individual has been granted such leave and the leave—
(i)is not invalid,
(ii)has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and
(iii)is not subject to a condition preventing the individual from doing work relating to the use of premises for the sale to or consumption by the public of food between the hours of eleven o’clock in the evening and five o’clock the following morning.
(2) Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—
(a)the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but
(b)any condition as to the individual’s work in the United Kingdom to which the individual’s immigration bail is subject is to be treated for those purposes as a condition of leave.”.
Section 147(5) was inserted by section 184(1) and (4) of the Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13) (“the 2010 Act”), and amended by section 59(1) and (5) of the Air Weapons and Licensing (Scotland) Act 2015 (2015 asp 10) (“the 2015 Act”); neither the insertion nor the amendments are yet in force.
Section 42 was amended by section 177 of the 2010 Act.