Part 3Premises licences
Transfer of premises licence
I133Transfer on application of licence holder
1
A premises licence holder may apply to the appropriate Licensing Board for the transfer of the licence to such person as is specified in the application (such person being referred to in this section as the “transferee”).
2
The transferee may not be an individual under the age of 18.
3
An application under subsection (1) must be accompanied by—
a
the premises licence to which the application relates, or
b
if that is not practicable, a statement of the reasons for failure to produce the licence.
4
Where a Licensing Board receives an application under subsection (1), the Board must give notice of it, together with a copy of the application, to the F3chief constable.
5
The F4chief constable must, within 21 days of the date of receipt of a notice under subsection (4), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).
6
Those notices are—
a
a notice stating that neither—
i
the transferee, nor
ii
where the transferee is neither an individual nor a council, any connected person,
has been convicted of any relevant offence or foreign offence, or
b
a notice specifying any convictions of—
i
the transferee, and
ii
where the transferee is neither an individual nor a council, any connected person,
for a relevant offence or a foreign offence.
F17
On giving a notice under subsection (6)(a) or (b), if the F2chief constable considers that it is necessary for the purposes of any of the licensing objectives that the application for the transfer of the licence to the transferee be refused, the chief constable may include in the notice a recommendation to that effect.
F57A
On giving a notice under subsection (6)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to—
a
the transferee,
b
where the transferee is neither an individual nor a council, a connected person, or
c
any person who would be an interested party in relation to the licensed premises if the application for the transfer of the licence to the transferee were to be granted,
that the chief constable considers may be relevant to consideration by the Board of the application.
F18
Where, in relation to an application under subsection (1)—
a
the Licensing Board receives a notice under subsection (6)(a), F9...
b
the notice does not include a recommendation under subsection (7)F10, and
c
no information has been provided under subsection (7A),
the Board must grant the application.
F19
In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.
10
Where a hearing is held under subsection (9), the Licensing Board must, having regard to the chief constable's notice F8and any information provided under subsection (7A) —
a
if satisfied that F7a ground for refusal applies, refuse the application, or
b
if not so satisfied, grant the application.
F611
The grounds for refusal are—
a
that, having regard to the licensing objectives, the transferee is not a fit and proper person to be the holder of a premises licence,
b
that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.