• lawcourtshomepage

Transfer of Licences

In some circumstances it may become necessary for the licensee of a licensed premises to be changed. Section 10 of the Licensing Ordinance sets out the circumstances under which the Summary Court may transfer a licence. The process for applying is the same as for a Justices' On & a Justices' Off-Licence.

Section 10 Transfers

(1) Licensing justices shall not grant a transfer of a justices' licence except in the following cases and to the following persons:

(a) where the holder of the licence has died, to his representatives or to the new tenant or occupier of the premises;

(b) where the holder of the licence becomes incapable through illness or other infirmity of carrying on business under the licence (and notwithstanding that the licence may have ceased to be in force before the transfer), to his assigns or to the new tenant or occupier of the premises;

(c) where the holder of the licence has been adjudged bankrupt or has made a voluntary arrangement with his creditors, or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act 1914 for the benefit of the creditors of the holder of the licence, to the trustee of the bankrupt's estate or under the deed or to the supervisor of the voluntary arrangement or the new tenant or occupier of the premises;

(d) where the holder of the licence has given up or is about to give up, or his representatives have given up or are about to give up, occupation of the premises, to the new tenant or occupier of the premises or the person to whom the representatives or assigns have, by sale or otherwise, bona fide conveyed or made over the interest in the premises;

(e) where the occupier of the premises, being about to quit them, has wilfully given notice that he intends not to apply for renewal of the licence, to the new tenant or occupier of the premises;

(f) where the owner of the premises or some person on his behalf has been granted a protection order under section 12 of this Ordinance, to the owner or other person applying on his behalf.

(2) For the purposes of subsection (1)(d), a person occupying premises for the purposes of carrying on business under a licence shall be treated as giving up occupation on his giving up the carrying on of the business, notwithstanding that he remains temporarily in occupation of the premises or part of them.

(3) The foregoing provisions of this section, except subsection (1)(e) and (f), shall apply in relation to the transfer of a provisional licence as if the licence were in force and shall, as so applying, be construed as if "occupation" included intended occupation, and similarly as respects other expressions.

(4) Except as provided by paragraph 6 of Schedule 2, the licensing justices shall not consider an application for the transfer of a justices' licence until they are satisfied by evidence given on oath in open court that the notices required by paragraph 3 of that Schedule have been given in conformity with the requirements of that paragraph.

Application for Transfer of a Justices' Licence

Fees:

On application for a transfer there is no fee.

On grant of a transfer of a Justices' On-Licence - £235

On grant of a transfer of a Justices' Off-Licence - £235

On grant of a transfer of a Part V Licence  - £235