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.
If 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.
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.
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).
To apply to transfer the premises licence holder you must complete the following:
- Application to transfer premises licence
- consent form
- pay the relevant fee of £23
- The original premises licence (the premises licence summary must remain at the premises). If you do not have the original or a certified copy you must pay £10.50 for a duplicate copy
Download the application form to transfer
You will also be required to submit a copy of your application to:
The Licensing Officer
Medway Police Station
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.
Download a Transfer of Premises Licence application form.
You can get an application form by contacting us, we can arrange for an application to be left at reception or send it in the post.
We must be able to read the form easily. If areas of the form are left blank or items are left out, the form will be returned 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.
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
In some cases the previous licence holder may refuse to sign the consent form or they may not be found.
If this is the case you must:
- send a letter and consent form to the last known address (even if that is the licensed premises) of the premises licence holders or their agent, asking them to complete the form and advise them that, if they don't contact us or send the form within 7 days, we will have the right to grant the transfer without the need for the consent form
- provide us with a copy of your letter and provide proof of postage such as a recorded delivery slip
There is no provision made in legislation for a failure to get consent to constitute a criminal offence. The Act states that consent is not required if:
- the new applicant already holds an interim authority
- of if the applicant has taken all reasonable steps to get consent and is in a position to use the premises immediately for the activities authorised by the licence
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 Services on 01634 337 107 or 01634 337 108 or contact Enforcement on 01634 337 112 or 01634 337 106 or by emailing email@example.com.
Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR