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Transfer of a Premises Licence

The Licensing Act 2003 allows a premises licence to be transferred to another person/company. This is usually made when the premises has been sold from one person/company to another.

 

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Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

A transfer of the licence only changes the identity of the holder of the licence and does not alter the licence in any other way.

 

If you have gaming machines on your premises you will need to apply for a permit transfer or notice under the Gambling Act 2005 to reflect the new details.

 

Application Forms

 

Apply Online

      

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.

 

Consent of premises licence holder to transfer

 

Apply Online

   

 

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come into immediate interim effect as soon as the licensing authority receives it, until it is formally determined or withdrawn.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.

 

Tacit Consent

Yes. This means your request is deemed complete and our records duly updated if you have not heard from the local authority by the end of the target completion period.

 

The target time is 14 calendar days.

 

Background and Eligibility Criteria

  • An individual applying for a transfer must be aged 18 or over
  • an application must be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence
  • an application must be accompanied by a consent form from the current holder of the premises licence. If this is not possible then the applicant must show that he/she has taken all reasonable steps to obtain that consent
  • the applicant must give notice of the application to the chief officer of police for the Police area in which the premises are situated. 

 

Fees

A completed application must be submitted with a fee of £23.00. This fee is not refundable.

 

Offences

  • Failure to notify of change of name or address, Premises Licence Holder or Designated Premises Supervisor
  • Failure to notify existing Designated Premises Supervisor of variation to premises licence to exclude them
  • Failure to provide premises licence to Licensing Authority upon removal of Designated Premises Supervisor
  • Failure to notify Designated Premises Supervisor of application for transfer of premises licence
  • Failure to notify Designated Premises Supervisor of grant of interim authority notice
  • Failure to provide premises licence at request of Licensing Authority for amendment
  • Failure to keep or display premises licence on the premises.
  • Failure to produce premises licence to an Authorised Officer for examination
  • Obstruction of an Authorised Officer entering premises to inspect before grant of a licence, review or a statement
  • Failure to produce personal licence to an Authorised Officer whilst on premises to sell or authorise sale of alcohol
  • Allowing licensable activities otherwise than in accordance with an authorisation
  • Unauthorised exposure for retail sale of alcohol
  • Unauthorised possession of alcohol with intent to sell or supply
  • Allowing disorderly conduct on licensed premises
  • Sale or supply of alcohol to person who is drunk
  • Obtaining alcohol for a person who is drunk
  • Failure to leave licensed premises following a request from a Police Officer or Authorised Officer
  • Keeping unlawfully imported goods on relevant premises
  • Allowing unaccompanied children under 16 on relevant premises when alcohol is being supplied
  • Sale or supply of alcohol to children under 18
  • Allowing sale or supply of alcohol to children under 18
  • Sale or supply of liqueur confectionery to children under 16
  • Purchase or supply of alcohol by or on behalf of children under 18
  • Consumption on relevant premises of alcohol by children under 18, or knowingly allowing it to occur
  • Delivering or permitting others to deliver alcohol to children under 18
  • Sending a child under 18 to obtain alcohol for consumption
  • Permitting children under 18 to sell or supply alcohol children
  • Sale of alcohol in or from a moving vehicle
  • False statement in connection with a licensing application
  • Keeping premises open in contravention of an area closure order
  • Permitting premises to be open in contravention of a premises closure order
  • Permitting premises to be open in contravention of a Magistrates' closure order
  • Obstructing entry by a Police Officer or an Authorised Officer to premises to check on the carrying out of licensable activity.

 

Complaint and Other Redress

  •  Failed Application Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:   01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by a refusal to be granted a licence may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:   01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by any conditions to which a licence is subject may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Consumer Complaint
    We would always advise that in the event of a complaint the first contact is made with the trader by you, preferably in the form of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

  •  Other Redress
    The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

     

    A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

     

    An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

     

    An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

     

    A chief police officer may make application for a review to the licensing authority to review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

    An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.

     

    Appeals are made to a Magistrates' court within 21 days of notice of the decision.

 

 

Regulations and Guidance

 

Trade Associations

 

ALMR   BECTU   FLVA 

 

 

 

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