Licensing Act 2003

2 (1) This paragraph applies where, in respect of any premises, one or more existing licences have effect on the first appointed day. E+W

(2) A person may, within the period of six months beginning with the first appointed day, apply to the relevant licensing authority for the grant of a licence under paragraph 4 to succeed one or more of those existing licences.

(3) But an application may be made under this paragraph in respect of an existing licence only if—

(a) it is held by the applicant, or

(b) the holder of the licence consents to the application being made.

(4) An application under this paragraph must specify—

(a) the existing licensable activities under the relevant existing licence or, if there is more than one, the relevant existing licences,

(b) if any relevant existing licence authorises the supply of alcohol, specified information about the person whom the applicant wishes to be the premises supervisor under the licence granted under paragraph 4, and

(c) such other information as may be specified.

(5) The application must also be in the specified form and accompanied by—

(a) the relevant documents, and

(b) the specified fee.

(6) The relevant documents are—

(a) the relevant existing licence or, if there is more than one, each of them (or a certified copy of the licence or licences in question),

(b) a plan in the specified form of the premises to which the relevant existing licence or licences relate,

(c) if any relevant existing licence authorises the supply of alcohol, any children’s certificate in force in respect of the premises (or a certified copy of any such certificate),

(d) a form of consent in the specified form, given by the individual (if any) named in the application in accordance with sub-paragraph (4)(b),

(e) a form of consent in the specified form, given by any person who is required to consent to the application under sub-paragraph (3), and

(f) such other documents as may be specified.

(7) In this paragraph any reference to a certified copy of a document is a reference to a copy of that document certified to be a true copy—

(a) in the case of a justices' licence, children’s certificate or canteen licence, by the chief executive of the licensing justices for the licensing district in which the premises are situated,

(b) in any other case, by the chief executive of the local authority which issued the licence,

(c) by a solicitor or notary, or

(d) by a person of a specified description.

(8) A document which purports to be a certified copy of an existing licence or children’s certificate is to be taken to be such a copy unless the contrary is shown.

Annotations:

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Commencement Information

I1 Sch. 8 para. 2 wholly in force at 7.2.2005; Sch. 8 para. 2 not in force at Royal Assent, see s. 201; Sch. 8 para. 2(4)(b)(c)(6)(b)(d)-(f)(7)(d) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; Sch. 8 para. 2(1)-(3)(4)(a)(5)(6)(a)(c)(7)(a)-(c)(8) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.