Part II The General Licensing System
25 Transfer of licences.
1
F4F31A
At any time, a licensing board may make such a transfer on a temporary basis and the licence so transferred shall have effect until the appropriate meeting of the board, which shall be—
a
the next meeting of the board; or
b
where the temporary transfer has been made within the period of 6 weeks before the first day of the next meeting, the next following meeting of the board.
1B
At the appropriate meeting and on an application for a permanent transfer, the licensing board shall make a decision on the permanent transfer of the licence transferred temporarily under subsection (1A) above.
1C
Where a board refuses to make a permanent transfer of a licence which has been temporarily transferred under subsection (1A) above, the licence so transferred shall have effect until the time within which an appeal may be made has elapsed or, if an appeal has been lodged, until the appeal has been abandoned or determined.
2
A licensing board may, on an application made to it in that behalf by—
a
the executors, representatives or disponees of any person who held a licence in respect of premises situated within the area of the board and who has died before the expiry of the licence; or
b
the trustee, judicial factor or curator bonis of any person holding such a licence who has become bankrupt, insolvent or incapable before the expiry of the licence;
transfer the licence to the applicant if the applicant is in possession of the premises.
3
A licensing board may, on an application made to it in that behalf by a person other than an individual natural person, substitute another employee or agent of the applicant for the employee or agent mentioned in section 11 or 26 of this Act.
F44
A licence transferred by virtue of subsection (2) or (3) above shall have effect until the next meeting of the licensing board, which, on an application for confirmation of the transfer of the licence, shall consider whether it is satisfied that the person to whom the licence has been transferred is a fit and proper person to be the holder of a licence and—
a
if it is so satisfied, it shall confirm the transfer of the licence; and;
b
if it is not so satisfied, it shall refuse to confirm the transfer.
4A
In considering the fitness of the person to whom the licence has been transferred, the licensing board may have regard to any misconduct on his part, whether or not constituting a breach of this Act or any byelaw made thereunder, which in its opinion has a bearing on his fitness to hold a licence.
4B
If the transfer of a licence has been confirmed under subsection (4) above, the licence shall have effect, in accordance with subsections (4) and (5) of section 30 of this Act, until the quarterly meeting of the licensing board three years after the meeting at which the licence was originally granted or renewed by a licensing board.
4C
If a licensing board refuses to confirm the transfer of a licence under subsection (4) above, the person to whom the licence had been transferred may appeal to the sheriff against that refusal and the licence shall have effect until the time within which an appeal may be made has elapsed or, if an appeal has been lodged, until the appeal has been abandoned or determined.
5
Where a licence is transferred under this section to any person, the clerk of the licensing board shall, on payment of the appropriate fee, endorse on the licence a note of the transfer.
6
Any licence transferred under this section shall be held subject to the conditions on which it was originally granted.
7
A transfer of a licence under subsection F5(1) or (1) above is in this Act referred to as a permanent transfer.