Gambling Act 2005

Transfer of permit E+W+S

19 (1) A person may apply for the transfer of a permit to him if— E+W+S

(a) he is applying for the transfer of an on-premises alcohol licence to him in accordance with—

(i) section 42 of the Licensing Act 2003 (c. 17) (application for transfer), or

(ii) section 50 of that Act (transfer following death of holder), and

(b) a permit has effect in respect of the same premises.

(2) The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for the transfer of a permit as they have effect in relation to an application for the issue of a permit.

(3) A person applying for the transfer of a permit to him must supply with his application—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(4) A licensing authority may not approve an application for the transfer of a permit under this paragraph unless the transfer of the on-premises alcohol licence is approved under section 45 of the Licensing Act 2003 (determination of application).

(5) Where a licensing authority refuse an application for the transfer of a permit under this paragraph by virtue of sub-paragraph (4), the provisions of paragraph 6(2)(b) shall not apply to the refusal.

Modifications etc. (not altering text)

C1 Sch. 13 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 30

C2 Sch. 13 paras. 18-20 applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 25(5), 26

Commencement Information

I1 Sch. 13 para. 19 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 Sch. 13 para. 19 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

20 (1) This paragraph applies where— E+W+S

(a) the transfer of an on-premises alcohol licence is to be given immediate effect under section 43 of the Licensing Act 2003 (interim effect of transfer application), and

(b) the applicant has also made an application under paragraph 19.

(2) A permit in respect of those premises shall have effect during the application period as if the applicant for the transfer were the permit holder.

(3) In this paragraph “application period” has the same meaning as in section 43 of the Licensing Act 2003.

Modifications etc. (not altering text)

C2 Sch. 13 paras. 18-20 applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 25(5), 26

Commencement Information

I3 Sch. 13 para. 20 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I4 Sch. 13 para. 20 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)