Published: 21 January 2016
Q: I have recently purchased a premises from the previous owner and I was supposed to transfer the premises licence within seven days of completion, however this took a bit longer than expected. I went to the Council today to transfer the premises licence and they informed me that the previous holder had surrendered the premises licence a week ago, and that I could not make the transfer application and would instead need to apply for a new premises licence. Are they correct and what should I do?
A: This is a case where the Licensing Authority have simply got it wrong. You can actually make an application to transfer a premises licence even if it has been surrendered, requesting a reinstatement of the premises licence following surrender under Section 50(1)(b) of the Licensing Act 2003. As long the transfer application is received by the Licensing Authority within 28 days of the surrender, the licence can be transferred to you and shall have immediate effect, and if within 14 days the police do not object to the application it will be formally granted. Therefore, I would suggest you get this transfer application submitted as soon as possible and ensure you are within the deadline.
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