Transfer of an alcohol premises licence
A premises licence holder may apply to the Licensing Board for the transfer of the premises licence.
A person other than the holder of a premises licence may within 28 days of the occurrence of any of the events below, apply to the Licensing Board for the transfer to that person of the premises licence.
Those events referred to are:
- the premises licence holder, being an individual
- dies, or
- becomes incapable within the meaning of section 1 (6) of the Adults with Incapacity (Scotland) Act 2000
- the premises licence holder , being an individual, a partnership or a company, becomes insolvent,
- the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and
- the business carried on in the licensed premiss to which the licence relates is transferred (whether by sale or otherwise) to another person.
An application must accompanied by the premises licence to which the application relates, or if that is not practicable, a statement of the reasons for failure to produce the licence.
Where the Licensing Board receives an application for transfer, the Board must give notice of it, together with a copy of the application, to the Chief Constable.
The Chief Constable must within 21 days of the date of receipt of the notice of application respond to it stating that neither the transferee, nor any connected person has been convicted of any relevant offence or foreign offence, or specify any convictions of the transferee or any connected persons.
Where the Chief Constable considers that, having regard to any conviction, it is necessary for the purposes of the crime prevention objective that the application for transfer of the licence to the transferee be refused, the Chief Constable may make a recommendation to that effect.
Where the there are no convictions the Licensing Board must grant the application. Where the Licensing Board receives a notice of convictions, the Board must hold a hearing for the purpose of considering and determining the application.
Where a hearing is held, the Licensing Board must, having regard to the Chief Constable's notice:
- if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or
- if not so satisfied, grant the application.
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it.
Appeals can only be made under one of the following grounds:
(a) that, in reaching the decision, the Licensing Board -
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- used their discretion in an unreasonable manner or
(b) where the decision is to take any of the steps mentioned below, that the step taken is disproportionate in all the circumstances.
Those steps are
(a) at a review hearing in respect of a premises licence -
- issuing a written warning
- revoking or suspending the licence, or
- making a variation of the licence , or
(b) making an order revoking, suspending or endorsing a personal licence.
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 a letter (with proof of delivery). If that has not worked, if you are located in the UK, the Citizens Advice Bureau will give you advice. From outside the UK contact the UK European Consumer Centre.
Any person may apply to the Licensing Board for a review of the licence. Grounds for review are that one or more of the conditions have been breached or for any other ground relevant to one or more the licensing objectives. A hearing must be held in relation to the application.
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