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Licensing Act 2003

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44Determination of transfer applicationE+W

This section has no associated Explanatory Notes

(1)This section applies where an application for the transfer of a licence is made in accordance with section 42.

(2)Subject to subsections (3) and (5), the authority must transfer the licence in accordance with the application.

(3)The authority must reject the application if none of the conditions in subsection (4) applies.

(4)The conditions are—

(a)that section 43(1) (applications given interim effect) applies to the application,

(b)that the holder of the premises licence consents to the transfer,

(c)that the applicant is exempted under subsection (6) from the requirement to obtain the holder’s consent to the transfer.

(5)Where a notice is given under section 42(6) [F1or (8)] (and not withdrawn), and subsection (3) above does not apply, the authority must—

(a)hold a hearing to consider it, unless the authority, the applicant and the [F2person] who gave the notice agree that a hearing is unnecessary, and

[F3(b)having regard to the notice—

(i)where the notice is given under section 42(6), reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.]

(6)The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—

(a)that he has taken all reasonable steps to obtain that consent, and

(b)that, if the application were granted, he would be in a position to use the premises for the licensable activity or activities authorised by the premises licence.

(7)Where the relevant licensing authority refuses to exempt an applicant under subsection (6), it must notify the applicant of its reasons for that decision.

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