Entertainment & alcohol licensing

Top Tips for Taking on a New Premises

  • Ask the seller for a copy of the current premise licence and plan. You need to check that the licence covers all of the licensable activities that you want and need, and that you are happy with the hours.
  • Check the plan attached to the licence is the same as the actual physical layout of the premises. If the premises have changed and the licence has not been updated, then an offence is currently being committed. If you buy the premises you are effectively taking over responsibility for that offence.
  • Check with the council that the copy licence you have been given is actually in force and the hours and activities are correct.
  • Check whether there are any current proceedings being taken against the licence; for example, forthcoming review or even a past review which is under appeal and one of the conditions imposed at the review hearing was that the licence be suspended for a period of time. As soon as that appeal is abandoned by the seller, the suspension requirement will kick in, and you may be left with a closed pub.

    You also want to check any pending prosecutions; failed test purchases; residential complaints; enforcement notices or noise abatement notices. As well as asking the current licensee, you can contact the local licensing officer or police for this information.

    Consider who actually holds the licence. If the licence is held by an individual, or that individual has died or gone bankrupt, then the licence may well have expired.

    Upon death, the licence lapses immediately and only certain parties can make applications for the licence to be brought back into effect within very strict time limits.

    Upon bankruptcy, the licence lapses after 7 days from the point of bankruptcy. A similar situation applies if a company holds the licence; if they have gone into receivership, then the licence lapses 7 days after that date.

    You should do a check at the start of discussions and prior to completion to ensure that nothing has changed.

  • Seek an assurance from the seller, that the licence conditions have been, and are being, complied with and that no unauthorised alterations have been carried out.
  • If you are acquiring a lease, then check any restrictions on trading hours; use of premises; outside areas; etc.
  • Look at current planning permissions for the premises. There may well be restrictions on hours or on the use of the external area.
  • Upon completion, you need to apply for the licence to be transferred out of the name of the current holder.
  • You need to obtain from the seller a consent form; signed by the current holder of the licence confirming that they are happy for the licence to be transferred. You will also want, on completion, for the seller to deliver to you the original licence and deposited plans so you can lodge your transfer application with the council without any delay.
  • You must ask your property solicitors to include a clause in the contract signed by a seller agreeing that until the transfer application is lodged and granted, they give their consent to the purchaser trading under the benefit of the licence.
  • If the pub currently has the benefit of a pavement licence, which allows tables and chairs to be placed on the public highway, then check with the local authority whether this can be transferred into your name. Some councils may not allow this to be transferred and you may need to apply for a new licence.



Top Licensing Tips After You've Handed Over Your Cash


  • Transfer the licence and at the same time apply for a new Gaming Permit if you have any gaming machines. The current permit will lapse as soon as your transfer application is granted. It is important that you lodge both applications together.
  • Decide who is going to be your Designated Premise Supervisor (DPS). If the individual currently named is not staying, then you need immediately, on completion, to lodge an application to vary the Designated Premise Supervisor. If you sell alcohol without a DPS you commit an offence.
  • Remember the person you put forward as the Supervisor, who is going to be in day to day control of the premises, must hold a personal licence. You should try and prepare this application in advance of completion and lodge it with your transfer application. As with your transfer application, you can request that this application takes immediate effect so that it does not affect trade.