Licence Summary
A premises licence issued under the Licensing Act 2003 allows a premises to sell alcohol, provide regulated entertainment or serve late night refreshment.
If a business which has a premises licence is sold, the new owners can apply to have the licence transferred into their names, if they have the consent of the existing licence holders.
Every premises licence that includes the sale or supply of alcohol must include a Designated Premises Supervisor (DPS). The DPS must be a personal licence holder.
If you are considering taking on a premises licence which includes the sale or supply of alcohol you need to find out if the current DPS is still going to be working at the premises after the transfer. If the existing DPS is not staying on then you will need a new DPS, who holds a personal licence before alcohol can be sold. This may involve another application to change the named 'DPS' on the licence.
You should familiarise yourself with the licence which is in force and any conditions which relate to the licence. You should do this before you apply for the transfer especially if you plan to ask for the transfer to take immediate effect. Once the transfer is granted the responsibility to operate the premises licence in accordance with any conditions which are present on the licence will pass to you. If you need any help and guidance in understanding the meaning of any conditions on the licence please contact Entertainment Licensing as a matter of urgency.
If the premises licence is for a community hall, the management committee can apply to have the requirement for a DPS disapplied. In this case the management committee becomes responsible for the sale or supply of alcohol.
Eligibility Criteria
Applicants must not be under 18 years of age.
Regulation Summary
DCMS webpage on the Licensing Act 2003
Application Evaluation Process
To apply for a transfer is a fairly straight forward process. If you are the person who is going to succeed the existing licence holder you simply need to fill out the appropriate transfer form PREM4. (downloadable from this page). The current licence holder then needs to sign a PREM5 form to give their consent to the transfer. Send copies of the forms, along with the original premises licence plus the fee of £23 to the Entertainment Licensing Section.
You must also serve a copy of the application on West Yorkshire Police.
If representations are received objecting to the application a hearing must be held. The outcome of this hearing would be that the application be granted or rejected.
The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.
Will Tacit Consent Apply?
Tacit consent applies to a premises licence transfer application if no relevant representations are made during a period of 14 days from the day after the application is received by the Licensing Authority. This target date is known as the ‘last date for representation’. The application will be deemed granted after the last date for representation.
If relevant representations are made within the 14 day consultation period tacit consent does not apply and a public hearing must be held to determine your application. The public hearing will be held within 20 working days after the last date for representation. The hearing date may be extended if the Licensing Authority considers it is in the public interest to do so.
Target Completion Period
If there are no representations to the application, the licence will be granted 14 days from that day the Licensing Authority received the application.
If there are representations, the application will go before a Licensing Sub-Committee and a decision will be made at the hearing.
Forms to download, print and post
Should you wish to apply by post, you can download the following PDF forms from this page that you can complete and post to us:
- GN-M Guidance Note on Transfers
- PREM4 Application form to transfer premises licence
- PREM5 Consent of premises licence holder to transfer
- PREM3 Application form to vary premises licence to specify a new DPS
- PREM2 Consent of the new DPS
Forms to download and email
If you would prefer to be sent application forms by email that you can type directly onto, please contact us. We can accept payment by phone.
Apply online
You can apply online at:
Redress
Please contact Leeds City Council in the first instance.
Members of the public who are experiencing problems with licensed premises may wish to read Guidance on Problem Premises.
Public Registers or databases
Leeds City Council holds public registers of premises licence applications which can be accessed through the Public Access Portal.
Trade Associations
Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)
Institute of Entertainment and Arts Professionals (IEAP)
Use of Personal Data
Leeds City Council is under a duty to protect the public funds it administers, and to this end may use the information you have provided on your application for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.