Published: 28 February 2013
Q: I am due to take over the lease of a pub in a month’s time. I know that I need to transfer the Premises Licence, and I also need to change the Designated Premises Supervisor. I appreciate these are two separate applicationsand I understand the requirements of each. However, my local Council have said that whilst I can make the application to transfer the Premises Licence before the completion date on my new lease, I am not able to change the DPS before then because only the Premises Licence Holder can do so – and before completion, I am not the Premises Licence Holder. This seems ridiculous to me, as I need to be able to sell alcohol on the day we complete, which means that I need myself as a valid DPS on that day. I wanted to be able to submit both applicaints in good time so that they both took effect on the day we complete. Is there anything I can do?
A: I have to say I think your local Licensing Authority is being a bit unhelpful, to say the least. They are correct in saying that only the Premises Licence Holder can vary a licence to change the DPS, but it is perfectly apparent that you will become the Premises Licence Holder on the day that you want the DPS changed. It is perfectly acceptable, in my view (and once you are sure of the completion date) to submit both the transfer application (with the required document s and Consent) and the application to vary the DPS a few days before that completion date, but to have effect on the completion date. This will allow the Council to process the applications in readiness for them to have effect on completion. If the Licensing Authority is absolutely intent on doing it “by the book” (and not applying any common sense) then they can process your transfer application to be ready for completion, and on the date of completion process your DPS variation application. Please also check whether or not there are any gaming machines on the premises, as a Notification or Transfer of the LPGMP will also be required.
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