Premises licence transfer guidance

The information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003.

If you have any queries please contact Mid Devon District Council. Alternatively, you may also wish to consider other sources of assistance, such as independent legal advice.

General

A transfer of a premises licence is necessary when a business or organisation involving licensable activities is sold or transferred to a new owner, freeholder, leaseholder, etc.

Applications to transfer the licence must be:

•  made to the licensing authority in the prescribed form
•  made by persons aged 18 or over
•  accompanied by the correct fee
•  accompanied by the premises licence or relevant part for explanation as to why   the premises licence is not able to be produced
•  accompanied by a consent form signed by the existing premises licence holder or a statement as to why it is not enclosed
•     please note that Mid Devon District Council no longer accept payment via cheque.

Application form

Please see our website for the application form. There is also a second form, the ‘consent of premises licence holder to transfer’ and this must be submitted with the application.

Application requirements

Where there is a Designated Premises Supervisor for the premises, you must notify them immediately of your application. You must then notify them when it is granted.

The applicant must give a copy of the application to the Police together with accompanying documents (if any) on the same day on which the application was given to the council. The relevant addresses are:

Licensing
Mid Devon District Council
Phoenix House
Phoenix Lane
Tiverton
EX16 6PP

Licensing Department
Devon & Cornwall Constabulary
Launceston Police Station
Moorland Road
Launceston
PL15 7HY

Please be aware that if the application is submitted online the licensing team will forward it to the Police. The ‘consent of premises licence holder’ form will need to be emailed to us separately at licensing@middevon.gov.uk.

The applicant can request that the transfer be given immediate effect and generally requires the consent of the holder of the premises licence, although no consent is required if the applicant can demonstrate that they have taken all reasonable steps to obtain that consent and that you are in a position to use the premises straight away for licensable activities authorised by the licence. This will allow licensable activities to be carried on at the premises without interruption, pending the determination of the transfer application.

Objections

The Police have 14 days to object to the appointment of a new licence holder. If a representation is received then a hearing will be held.