Transferring your Premises Licence

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 the Premises Licence only permits the licence holder to be changed and not the permitted terms and conditions of the licence. You should familiarise yourself with the current Premises Licence that is in force and any conditions attached to the licence. You should do this before you apply for the transfer, especially if you plan to ask for the transfer to take immediate effect.

Eligibility Criteria

Any of the following may apply to transfer a Premises Licence:

anyone who uses carries on a business in the premises to which the application relates
a recognised club
a charity
a health service body
a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
a chief police officer of a force in England and Wales
anyone discharging a statutory or function under Her Majesty's prerogative
a person from an educational institute
any other permitted person

Applicants must not be under 18 years of age.

Regulation Summary

A summary of the regulations relating to this licence are available here.

Application Evaluation Process

Applications can be made in writing or via our online application system and must be sent to the licensing authority for the area where the premises are located.

Applications must be accompanied by the following:

The Premises Licence or, relevant part of it. If you are unable to provide it you must state the reasons why.
The consent form signed by the existing licence holder consenting to the transfer of the licence
The fee of £23.00

The applicant must give notice of the application to the Chief Officer of Police for the Police area in which the premises are situated and to the existing DPS. Unless submitted online, a copy of the application must be submitted to the Police on the same day the Licensing Authority has been served. The Police then have 14 days in which they can object to the appointment of the new licence holder where they are satisfied that it would undermine the crime prevention objective.

The appointment of the new licence holder has effect while the application is being processed, starting from the date the application is received, or by the date specified by yourself on the application. At the end of the consultation period if no representations have been made the licence will be granted and issued.

A statutory fee is payable upon application. To view the Licensing Act 2003 fees click here.

The Secretary of State has produced Guidance under section 182 of the Licensing Act 2003. To view this guidance click here. The Licensing Authority when considering any application has regard to this guidance.

As a requirement of the Act the Licensing Authority has also produced a Licensing Policy that is used by the authority when determining applications. To view the Council's Licensing Policy click here.

Will Tacit Consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.

Apply online

You can apply to transfer a premises licence online by clicking here

Your application will be acknowledged and processed using the online service and you are advised to monitor it's progress.

If you make an application online you are not required to send a copy of the application to the Police for the area in which the premises are located. The Licensing Authority will serve a copy of the notice on the police within 1 working day following receipt of the notice.

Apply via post

If you wish to apply for a transfer please download the application pack below and complete in full.

Application to transfer a premises licence

Once completed, applications should be sent to the Licensing Authority, accompanied by the relevant fee and any required documentation at the following address:

The Licensing Authority, Scarborough Borough Council, Town Hall, St Nicholas Street, Scarborough, North Yorkshire, YO11 2HG.

A copy of your application should also be sent to:

Police Licensing Officer, Police Station, Northway Scarborough, YO12 7AD

Please note that unlike online applications the applicant is required to send copies of their applications to the relevant responsible authorities. The table below details which responsible authorities must receive copies of the application form.

Application	Responsible Authority to be Consulted
New Premises Licence	All
New Provisional Statement	All
Variation of premises licence (full)	All
Variation of premises licence (minor)	None*
Transfer of premises licence	Police only
Vary the licence to specify an individual as the designated premises supervisor (DPS)	Police only
Interim Authority Notice	Police only
Notification of interest in a premises	None
*The Licensing Authority will consult those responsible authorities it considers necessary

The addresses for all of the responsible authorities are available here.

If you have any questions relating to the application process or how to complete the forms please contact the Licensing Service on 01723 232323 or email licensing.services@scarborough.gov.uk.

Register

A public register is available online. If you wish to view the Council's online register please click here. You can also view a copy of the register at the Council's Offices during normal office hours. To make an appointment to view the registers please contact the Licensing Service on 01723 232323 or alternatively email licensing.services@scarborough.gov.uk.

Failed Application redress

Please contact the Local Authority in the first instance.

An appeal against a decision may be made by the applicant within 21 days from the date of receipt of the notification of the decision to:

Scarborough Magistrates’ Court, The Law Courts, Northway, Scarborough, YO12 7AE

Licence Holder redress

Please contact the Local Authority in the first instance.

If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor. An appeal must be made within 21 days from the date of receipt of the notification of the decision to:

Scarborough Magistrates’ Court, The Law Courts, Northway, Scarborough, YO12 7AE

Consumer Complaint

An interested party or responsible authority may apply to the licensing authority to review a premises licence which will necessitate a hearing being held by the Licensing Authority.

An appeal against a decision may be made by the applicant, licence holder or a party who has made relevant representations within 21 days from the date of receipt of the notification of the decision to:

Scarborough Magistrates’ Court, The Law Courts, Northway, Scarborough, YO12 7AE

A review application pack is available here.

Other redress

The chief police officer for the police area where the premises are located can apply to the Licensing Authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

A chief police officer can give a notice to the Licensing Authority if they believe that the transfer of a licence to another, or change in Designated Premises supervisor under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.