When control of an existing licensed gambling premises is to change to a different operator, it is necessary to apply to the licensing authority for the transfer of the licence.
How to Apply
Application forms are available from the Government's Department for Culture, Media and Sport (DCMS) website at http://www.culture.gov.uk/what_we_do/gambling_and_racing/4153.aspx.
Your application should be accompanied by:
- the existing Premises Licence (if it is not possible to provide the Premises Licence with your application, a statement as to why this is the case should be provided, along with an application for a duplicate copy of the licence);
- written consent to the transfer from the existing licence holder; and
- the appropriate application fee.
The completed application form and all the accompanying documents should be sent to us at the following address:
Bath & North East Somerset Council
Operating Licences and Personal Licences
Before any application can be made for the transfer of a Premises Licence, an application for a relevant Operating Licence must have been submitted to the Gambling Commission. Further details on Operating Licences and Personal Licences are available direct from the Gambling Commission at www.gamblingcommission.gov.uk or telephone 0121 230 6666. Please note that no Premises Licence will be issued before an appropriate Operating Licence is confirmed as granted.
When making a transfer application, the following four Responsible Authorities must be given notice of your application within 7 days of submitting your application:
- The Gambling Commission
- HM Revenue and Customs
- Avon & Somerset Constablulary
- Local Safeguarding Children Board
Failure to properly notify the Responsible Authorities will delay the determination of your application.
A format has been prescribed for the notice and templates are available at http://www.opsi.gov.uk/si/si2007/uksi_20070459_en_8#sch6-pt5.
- Use Form A if only one individual or company is making the application.
- Use Form B if the application is being made jointly by two or more individuals and/or companies.
Representations from any of the four Responsible Authorities will be accepted during the period of 28 days starting from when your application is made. If a valid representation is received, the application will be referred to a meeting of the Licensing Sub Committee for determination.
There is no requirement for newspaper or premises advertisements as part of a transfer application.
Question 17 on the application form allows the applicant to request that they are treated as if they were the licence holder during the application period. This will allow an established premises to continue operating under the authority of the premises licence while the application is considered. However, the use of this provision does not exempt the applicant from any other requirement under the Act, such as the need to hold a valid Operating Licence. The effect of this section will commence when the application is received by the licensing authority, and end upon determination of the application.
Consent from Existing Licence Holder
It is required that an application to transfer a premises licence is accompanied by a written letter of consent from the existing licence-holder, to demonstrate that they consent to the licence being transferred to the new applicant. A template for this letter is attached at the rear of these notes.
However, in some circumstances, it may not be possible to obtain consent from the existing licence holder. For instance, if they have left the premises and their current whereabouts is unknown. In these circumstances, the licensing authority has discretion to disapply the requirement to submit a letter of consent. However, it is expected that the applicant will have taken all reasonable steps to try and reach the licence holder and that a statement of these steps will be submitted in place of the letter of consent.
Please note that this provision does not apply if the previous licence holder has refused to give consent to the transfer of the licence.
The application fee is dependent on the type of premises licence you are applying for the transfer of. All premises licence fees are set by the local licensing authority, up to a maximum amount prescribed by regulations.
An annual fee is payable to the licensing authority to maintain all premises licences, upon the anniversary of the date that the licence originally took effect. Transfer applications have no impact on this date, and, if successful, the new holder of the Premises Licence will be expected to pay any fees incurred while they hold that licence.
Further Information and Assistance
If you require any further information regarding the new Premises Licences, or assistance in completing your application, please contact the Council’s Licensing Section on 01225 477531or email firstname.lastname@example.org.
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