Making changes to a licence
A licence holder can ask for their licence to be transferred to another person or business before it expires.
However, we will not normally grant such a request. Any legal entity wanting to be licensed should apply for a licence in their own right and be subject to normal application checks. This makes sure that the business is fit and proper to hold a licence.
We are particularly concerned with identifying and tackling "phoenix" companies - something which is most effectively dealt with through the GLA application process for new licences.
When a licence holder makes a decision on whether the benefits from a restructure outweigh the costs, applying for a licence is something which needs to be taken into account as part of any restructuring process.
We recognise that it is important to minimise disruption to labour users and workers. However, this makes it all the more important for the licensed business to factor in the time required to acquire a new GLA licence as part of any restructuring process.
If your licence has expired
Once a licence has expired, no request for a transfer can be made as there is no longer anything to be transferred. A licence has expired if:
- it is not renewed before its expiry date, or
- the licence holder's Companies House number, Unique Tax Reference or Value Added Tax number change - see paragraph 5 of the Gangmasters (Licensing Conditions) Rules 2009.
What happens to the licence if the business is dissolved or wound up?
A GLA licence is granted to an individual legal entity. As soon as a company with a GLA licence is dissolved or wound up, the licence expires as the legal entity granted the licence no longer exists. Should business be moved to an unlicensed company (either an existing or new company), that unlicensed company must apply and be granted a licence before it can start trading in the GLA sectors - any trading before this happens is a criminal offence.
Your right to appeal
You have the right to appeal against any decision to refuse the transfer of a valid GLA licence. The appeal process is explained when we inform you of our decision. If you need any further guidance please contact us.