Premises Licence Transfer

The transfer has immediate effect if requested, as soon as the application has been received and accepted by the Licensing Authority and copied to the Police and the Home Office. Once the application has been accepted, the Licensing Authority will notify the Police and the Home Office (Immigration Enforcement) who then have 14 days in which to object to the Transfer.

If the transfer of ownership includes a change in the person deemed responsible for the sale of alcohol under a Premises Licence, known as the Designated Premises Supervisor (DPS), an application to change the DPS must also be submitted, along with a form of consent of an individual to being specified as a Premises Supervisor that must be signed by the new individual who is nominated to be named as the DPS.

If there is no objection received, the transfer application will be granted and an amended Premises Licence will be accordingly. If the Licensing Authority receive an objection then the applicant will be informed accordingly.

Applications must be made to the authority and in following prescribed format:

  • Premises Licence Transfer application form. Form to be completed by the incoming Licence Holder or by an agent/solicitor working on their behalf.
  • Consent of Premises Licence holder to Transfer. Consent to trasnfer form to be completed by the outgoing Licence Holder(s).  If you cannot obtain the consent from the current licence holder you must submit additional documentation.
  • Premises Licence. Return the full licence or relevant part thereof
  • A statutory fee of £23.00

Application fees are non-refundable if an application is withdrawn or rejected. 

At present we encourage all applicants to make electronic applications through the online portal.

 

Applying to transfer a premises licence

 

The application will be considered valid only when all required information and documentations including the appropriate fee have been received.

If you are applying for a premises licence transfer you must have the right to work in the UK. Evidence of this must be supplied with the application. If you fail to provide then necessary evidence we will have to reject your application.

Read the guidance notes for entitlement to work for individual applicants.

This authority has a duty to protect the public funds it administers and to that end, the information you supply on the licensing applications may be used to prevent and identify fraud. For these objectives, the authority may also share your information with other authorities responsible for purposes of auditing or administering public monies. Refer to our privacy notice for more information.

The authority will review the application and contact the applicant if additional information is required.

If no documents are missing or additional information is required from applicant, the authority will send a copy of the application to the appropriate authorities for consultation.

The application is subject to a 14 days consultation period during which the Police or the Home Office may object.

We provide pre-application advice to assist you with your licensing application under the Licensing Act 2003. Register your interest in our pre-application advice service.

The Act requires that an application for transfer be accompanied by a consent form signed by the existing licensee who agrees to the transfer.

Section 43 (5) of the Licensing Act 2003 (“The Act”) provides that the Licensing Authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction –

a) that he has taken all reasonable steps to obtain that consent, and

b) that he would be in a position to use the premises during the application period for the licensable activity or activities authorised by the licence.

To exempt an applicant from the requirement to obtain consent from the current Licence holder, this authority must be satisfied that the applicant has met both of the above criteria. The application period begins when the application is received by the Licensing Authority for the purposes of section 43 (5) of the Licensing Act 2003.

To determine whether an applicant has met the requirement set out in section 43(5)(a) of the Act, the applicant should confirm what steps they have taken to obtain the existing licence holder consent and provide copies of any documentary evidence such as proof of letters, recorded delivery slips, e-mails and so on, in support of their actions.

In accordance with section 43(5)(b), the applicants must also demonstrate that they are able to use the premises for the licensable activities during the application period. Applicants should therefore provide a copy of the signed lease or tenancy agreement and/or the land registry transfer form.

If the Licensing Authority is not satisfied that an applicant has met the exemption criteria set out in Section 43(5) of the Act, the application must be rejected.

When relevant representations are received the authority will notify you of the next stage of the process, usually the licensing authority will grant the application if there are no objections however a hearing must be held if any relevant representations are made in respect of the application or unless the representation or application is withdrawn. The licensing authority will serve a notice of its decision on the applicant and any person who has made relevant representations.

View the licensing applications under consideration by our Licensing Committee as well as the decisions committee have made.

You may appeal a licensing hearing decision to the Magistrates Court within 21 days of receiving notice of the decision.

Yes. If an application for a transfer has been made lawfully and there have been no representations from responsible authorities before the end of the consultation period. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period. The Council's target completion date is 30-days after the authority and the responsible authorities have received your valid application for a transfer of licence under the Licensing Act 2003.

If you send your application by post, tacit consent will only apply if you can show proof of delivery from the Post Office or courier.  You should also keep proof of delivery for the copy sent to the Chief of Police.