If your business has a premises licence and is sold or changes hands, the new owner or owners can apply to have the licence transferred into their name.
Transferring a premises licence only permits the licence holder to be changed and not the permitted terms and conditions of the licence.
If you are taking over the premises, you should familiarise yourself with the current premises licence and its conditions which you must adhere to immediately when the licence is in your name.
If you are unsure about the meaning of any of the conditions you should contact us.
Who can apply to transfer a premises licence
Any person aged 18 or over who is carrying on, or who proposes to carry on, a business which involves the use of premises (any place including one in the open air) for licensable activities can apply.
A person in this context can be:
- an individual
- a business
- a partnership
- a charity
- a hospital
- a school
It costs £23 to transfer a licence.
What you need to provide with your application
You will need to submit the following:
1. A completed transfer application form (and privacy statement if applying by post)
The application form must be signed by the proposed licence holder(s).
2. Consent to transfer
A consent form to transfer the licence must be signed by the existing licence holder and submitted with your application.
If you are unable to obtain consent, you must provide an explanation as to why you cannot obtain written consent.
In this instance we would need confirmation that you can legally occupy the premises to carry out licensable activities, so any legal documentation showing this should be submitted eg lease, legal agreement etc.
3. Your original premises licence
Ensure that the original premises licence and summary accompanies the application or, if that is not practical, a statement of the reasons for the failure to provide this.
4. Right to work documentation
If you are an individual, you need proof you have the right to work in this country. This must be supplied with the application or the 9-digit ‘share code’ for the Home Office online right to work checking service.
5. Confirmation that you have served your application to South Yorkshire Police as the responsible authority
If you have not applied online, you must provide a copy of the full application and documents to South Yorkshire Police on the same day.
We will also serve a copy of the application to the Home Office if required to check immigration status.
6. Confirmation that you have served a notice of your application to the existing Designated Premises Supervisor.
What happens once you have made an application
Once we receive your application, South Yorkshire Police have 14 days in which to consider the transfer. They can object to the appointment of the new premises licence holder if they think it would undermine crime prevention or raise no objection to the application.
The transfer will come into immediate interim effect if you have requested this on the application form. This is to ensure there is no interruption to normal business at the premises.
At the end of the consultation period, if no objections have been made the licence will be granted and issued as soon as possible.
If objections are made, a hearing will be held with our licensing committee to decide on the application within 20 working days after the end of the consultation period.
Tacit consent will apply
This means that you will be able to act as though your application is granted even if you have not heard from us by the end of the 14 day period.
Apply to transfer a premises licence or consent to the transfer of a licence
You can apply online to transfer a licence or give your consent to a licence transfer.
How to make an appeal or a complaint
If you want to appeal a decision you should contact us in the first instance.
Any applicant, responsible authority or person making representation is able to appeal our decision to a Magistrate’s Court within 21 days of the notice of decision.
Members of the public who are experiencing problems with licensed premises should contact us for advice.