PART 2ALCOHOL LICENSING

Transfer of premises licences

49Transfer of premises licences

1

The 2005 Act is amended as follows.

2

In section 33 (transfer of premises licence on application of licence holder)—

a

for subsections (1) to (3) substitute—

1

Any person, other than an individual under the age of 18, may apply to the appropriate Licensing Board for the transfer of a premises licence to the person (such person being referred to in this section and section 33A as the “transferee”).

1A

An application under subsection (1) must—

a

specify the date on which the transfer is to take effect, and

b

be accompanied by—

i

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, and

ii

a written statement signed by the holder of the premises licence consenting to its transfer to the transferee (a “consent statement”) or, if that is not practicable, a statement of the reasons for failure to obtain the licence holder's written consent.

b

in subsection (4), after “constable” insert “ , unless the Board must refuse the application under subsection (8A) ”,

c

in subsection (8), before paragraph (a) insert—

za

the application is accompanied by a consent statement referred to in subsection (1A)(b)(ii),

d

after subsection (8) insert—

8A

If the application is not accompanied by a consent statement referred to in subsection (1A)(b)(ii), the Board must refuse the application, unless the Board dispenses with the requirement for a consent statement under section 33A(4).

3

The title of section 33 becomes “ Application for transfer of premises licence ”.

4

After section 33 insert—

33AApplication for transfer: further provision

1

This section applies where a Licensing Board receives an application under section 33(1) for the transfer of a premises licence.

2

The Board must take all reasonable steps to give notice of the application to the premises licence holder.

3

Subsection (4) applies where the application is not accompanied by a consent statement referred to in section 33(1A)(b)(ii).

4

The Board may dispense with the requirement for a consent statement if satisfied that the transferee has taken all reasonable steps to contact the premises licence holder in order to obtain consent but has received no response.

5

Where the Board decides under subsection (4) not to dispense with the requirement for a consent statement, the Board must give notice of the decision, and of the reasons for it, to the transferee.

6

Where the Board decides under subsection (4) to dispense with the requirement for a consent statement the Board must hold a hearing under section 33(9) for the purpose of considering and determining the application.

7

Where the Board grants the application, the transfer of the licence takes effect—

a

on the date specified in the application in accordance with section 33(1A)(a), or

b

where the Board grants the application after that date, on such date as the Board may determine.

5

Section 34 (transfer on application of person other than licence holder) is repealed.

6

In Part 1 of schedule 5 (appeals to the sheriff principal)—

a

in column 1 of the entry relating to a decision to refuse an application under section 33(1) or 34(1) for transfer of a premises licence, the words “or 34(1)” are repealed,

b

in column 2 of that entry, after “applicant” insert “ or the premises licence holder ”,

c

after that entry insert—

A decision to grant an application under section 33(1) for transfer of a premises licence

The person from whom the premises licence is to be transferred

A decision under section 33A(4), in relation to an application under section 33(1) for transfer of a premises licence, not to dispense with the requirement for a consent statement

The applicant