Application Process
To make application you must submit:
- relevant application form
- the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).
- the required fee (this is an application fee which not refundable)
- consent form signed by the existing premises licence holder or a statement as to why it is not enclosed
- Proof of right to work and live - See application guidance notes for further information.
If you hold a gaming machine permit or have given notice for the use of gaming machines on your premises you will also need to apply for a new notice or permit.
An application to transfer a premises licence must be made to the licensing authority for the area in which the premises is situated.
The Act provides a mechanism, which allows the transfer to come into immediate interim effect as soon as the licensing authority receives it, until it is formally determined or withdrawn. This is to ensure that there is no interruption to normal business at the premises.
The applicant must send an application for the transfer of a premises licence to the licensing authority at Vale of Glamorgan Council and one to the chief officer of police / Home Office. If applying via UKWelcomes or FS4B then the Vale of Glamorgan Council is responsible for sending a copy of the application to the police/Home Office.
The chief officer of police / Home Office has 14 days, beginning with the day on which they are notified of the application, to consider the transfer.
They can either:
- issue an objection notice if they believe that the transfer may undermine the *crime prevention objective as set out in the Licensing Act 2003 or
- raise no objection to the application
If no objection is received then the licensing authority will transfer the licence in accordance with the application, amend the licence accordingly and issue it to the new holder. This will usually be done within 7 days from the close of the 14-day consultation period.
The total timescale for dealing with a transfer application (no objection received) is therefore expected to be no more than 21 consecutive days commencing with the correct receipt of the application paperwork (including the chief officer of police / Home Office) and the associated fee.
If an objection is received from the chief officer of police / Home Office, then arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and objection notice within 20 working days beginning the day after the period within which the chief officer of police / Home Office may give a notice.
Determination
Where a transfer is either granted or rejected, the licensing authority will give a notice to that effect to the applicant and the chief officer of police / Home Office.
Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the transfer
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant and the chief officer of police / Home Office at least 10 working days before the day of the hearing.
The applicant and chief officer of police / Home Office must give notice to Vale of Glamorgan Council at least 2 working days before the start of the hearing stating:
- whether they will attend the hearing in person
- whether they will be represented by someone else (e.g. lawyer / councillor / MP)
- whether they think a hearing is unnecessary (e.g. an agreement has been reached before a formal hearing)
- any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.
A hearing will go ahead, unless the licensing authority, the applicant and the chief officer of police / Home Office (giver of notice) agree through mediation that a hearing is unnecessary.
If the hearing goes ahead, the committee’s consideration would be confined only to the issue of the Crime Prevention Objective.
The burden would be on the chief officer of police / Home Office to demonstrate to the committee that there were good grounds for believing that the transfer of the licence would undermine the Crime Prevention Objective. In this case, the committee would reject the transfer. Otherwise, the transfer would be approved.