Textual Amendments
F1Ss. 41A-41C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), art. 2
(1)Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him.
(2)Where the applicant is an individual he must be aged 18 or over.
(3)Subsection (1) is subject to regulations under—
(a)section 54 (form etc. of applications etc.);
(b)section 55 (fees to accompany applications etc.).
(4)An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.
(5)The [F2relevant person must give notice of the] application to the chief officer of police for the police area (or each police area) in which the premises are situated.
[F3(5A)In subsection (5), “relevant person” means—
(a)the relevant licensing authority, in a case where the applicant submitted the application to the relevant licensing authority by means of a relevant electronic facility;
(b)the applicant, in any other case.]
(6)Where a chief officer of police notified under subsection (5) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
(7)The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (5).]
Textual Amendments
F2Words in s. 42(5) substituted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(6) (with regs. 2, 5)
F3S. 42(5A) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(7) (with regs. 2, 5)