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Transfer of Premises Licence holder

If the premises is sold or leased to a new owner, they must apply for a premises licence to be transferred to them immediately.

Any person (aged 18 years or over) or business can apply as long as they have interest in the premises. There is an application process that must be completed before you are authorised to hold licensable activities under the premises licence issued for that premises.

A transfer of the licence only changes the identity of the premises licence holder of the premises licence and does not alter the licence in any other way.

Gaming Machines (Have you got machines on the premises?)

If at any time you change the premises licence holder at the premises you will also need to apply for a permit for the gaming machines. Depending on the number of machines you wish to offer will depend on two procedures.

Procedure 1

If the previous owners have already applied and have got a licensed premises gaming machine permit you will need to put in for a transfer of that permit.

Procedure 2

If the previous owners had a notification of two or less machines then you will still need to re-apply for a new notification (as these are one-off relevant to the the premises licence holder only).

Application process

To apply to transfer the premises licence holder you must complete the following:

Download the application form to transfer (pdf 472KB). To use it, you will need Adobe Acrobat Reader. If you do not have this on your computer, please use our advice page.

You will also be required to submit a copy of your application to:

The Licensing Officer
Kent Police
Medway Police Station
Purser Way
Gillingham
Kent ME7 1NE.

Once the Licensing Unit has accepted the application as complete, you will be allowed to continue with the licensable activities immediately, as set out in the licence.

Application form

Download a Transfer of Premises Licence application form.

An application form can be obtained from the council by contacting the licensing team who can arrange for an application to be left at reception or by sending the application in the post.  Council staff must be able to read the form easily.  If areas of the form are left blank or items omitted, the form will be returned to the applicant as an invalid application.

The new premises licence holder must complete the application form to change the premises licence holder.

The current premises licence holder stated on the premises licence must complete the consent form to transfer the licence to the new premises licence holder.  If the current premises licence holder has more than one person named on the licence, the council will need all named individuals' signatures. If it is in relation to a company, a director or person with an appropriate level of authority can sign on behalf of the company.

Apply online

Apply to transfer your premises licence.

Will tacit consent apply

Tacit consent will apply to this online application. This means that you will be able to act as though your application is granted if you have not heard from the council.

Problems obtaining consent

You may find that, in some cases, the previous licence holder will refuse to sign the consent form or they cannot be found. The following procedure must be followed:

  • The new applicant must send a letter and consent form to the last known address (even if that is the licensed premises) of the premises licence holders and/or their agent, asking them to complete the form and advise them that, should they not send the form within seven days or contact the Licensing Unit, the council, as the licensing authority, has the right to grant the transfer without the need for the consent form.
  • You will need to provide the council with a copy of your letter and provide proof of postage (for example, a recorded delivery slip).

There is no provision made in legislation for a failure to obtain consent to constitute a criminal offence. The Act states that consent is not required if:

  • the new applicant already holds an interim authority or
  • the applicant has taken all reasonable steps to obtain consent and is in a position to use the premises immediately for the licensable activities authorised by the licence.

Objecting

In exceptional circumstances, the police can object to the transfer if they feel it undermines the crime prevention objective. Such objections are rare and arise because the police have evidence that the business or individuals seeking to hold the licence are involved in crime or disorder.

 

For more information contact Licensing Unit by telephone: Licensing Services - 01634 337107 or 337108 / Enforcement - 01634 337112 or 337106 or by email: licensing@medway.gov.uk

Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR