Renewal & Transfer
An application for the renewal of a licence is made to a court of summary jurisdiction – the magistrates’ court unless the licence is renewed by the clerk of petty sessions under the below procedures. The clerk of petty sessions may renew a licence without a court hearing in the absence of the applicant, provided that no objection has been made, or if an objection has been made, it has been withdrawn, there have been no alterations since the previous renewal, and the clerk is of the opinion that there is no reason for the matter to be referred to court.
In the case of an application for renewal, the court may hear any objections that are made. The court must be satisfied that the applicant is a fit person to hold the licence, that the premises licensed for business have been conducted properly since the last renewal, and that the business has been carried on under the licence (subject to exceptions) and that the conditions attached to that licence have been observed. There are provisions for the renewal of a licence after the expiry of the general renewal date.
A licence may be renewed in respect of premises which have been damaged in circumstances in which the person is entitled to compensation for criminal damage. It is likely that within a reasonable period, the principal business will be resumed within the premises, or an application will be made to the County Court for the renewal of the licence in lieu of the existing licence, or an application will be made to the County Court for a new licence, and the licence is to be renewed as proposed to be surrendered as a subsisting licence.
In the above case, a renewal may be granted for a period of 12 months, notwithstanding that the premises have ceased to exist, the principal business has been discontinued, or no longer holds tourist traffic certification. The licence may be further renewed on two more occasions, provided that on the third occasion, the court is satisfied that there are reasonable grounds for the resumption of the business, and evidence is produced that the business will be resumed within 12 months.
An application to transfer a licence is made to a court of summary jurisdiction. It may be made by a person who has or proposes to become the owner of the business selling intoxicating liquor by retail on the premises. On an application for a transfer, the court shall hear any objections.
The court may refuse to transfer if the relevant procedure is not followed, the applicant is not fit, the business is not carried on at the premises, or the person who proposes to apply for a transfer may apply for a protection order authorizing them to carry on business under the licence if an application for transfer is made. If the holder of a licence dies and no personal representative is available or willing to act, a person entitled in consequence of the holder’s death to a beneficial interest in the business may apply for a protection order. A protection order may also be served if a person becomes incapable of carrying out the business.
A protection order remains in force for six months or for such a shorter period as may be specified. Where an application for the transfer of a licence is made but not disposed of, it may continue for a further eight weeks. It ceases to have effect upon the transfer of the licence, making a further protection order, revocation, or surrender of the licence. Where a protection order has been made, an application may be made to a court of summary jurisdiction for a further protection order.
Where the holder of a licence dies, becomes bankrupt, makes an arrangement for the benefit of their creditors, or, in the case of a company, is wound up, the relevant officer, trustee, receiver, etc., shall be in the same position as if they were the holder of the licence. Where the holder of the licence dies and there is no personal representative willing or able to act, the licence shall continue in force for the benefit of the person entitled to a beneficial interest in the business for a period of two months or until a protection order is made or until the appointment of a personal representative.