If you wish to transfer a premises licence for a premises that is within West Lothian then you must apply to West Lothian Licensing Board.
Please note that all the Licensing web pages are intended to guide you through the procedures associated with making an application for a licence. They are not intended to summarise relatively complex areas of the law. Anyone using these pages should obtain independent advice from their own solicitors or advice centre.
An application for transfer of premises licence can be made by the premises licence holder at any time, this is known as a section 33 transfer application.
If a transfer application is made by any other person other than the premises licence holder then the application has to be made by a prescribed person to the Licensing Board within 28 days of:
A licence holder dying or becoming incapable
A licence holder being an individual, a partnership or a company, becomes insolvent
A licence holder being a person other than an individual, a partnership or a company is dissolved
The business carried on in the premises being transferred by sale or otherwise to another person
Such an application is known as a section 34 application however you should seek your own legal advice on such matters.
However please note that if a person is unable to apply to the Board within 28 days for a reason relating to coronavirus the Board may accept an application that is made after the end of the 28-day period. The licence will not cease to have effect if the Board accepts such an application.
You should download and complete the relevant transfer of premises licence application form Section 33 Transfer [80.78KB]or Section 34 Transfer [95.67KB] and submit it along with the full premises licence including the layout plan and fee to the Licensing Board. You are advised to read the guidance attached to the application form and seek advice from your solicitor if required.
The fee amount varies depending on whether the transfer includes a variation.
Details of how to apply are detailed in the notes for guidance attached to the application form.
An application must be accompanied by the appropriate fee and the full premises licence including the layout plan. If the premises licence is not available there must be a statement of the reason for the failure to produce the licence.
The fee for a transfer application is £25.00
The fee for a transfer application and a change of designated premises manager is £56.00
The Licensing Board will process the application as quickly as possible.
On receipt of the application form, the Licensing Board will acknowledge receiving it and will notify the application to the Chief Constable. The Chief Constable has a period of 21 days to submit a report to the licensing board to confirm if the transferee has any relevant or foreign convictions.
Applications are granted automatically unless the Licensing Board has received a report from the Chief Constable specifying that the transferee has convictions for relevant or foreign offences. In this event the application will go to a board meeting to be determined and you or your agents may have to attend. A letter will be sent to you by post giving details of time and place of the meeting and a copy of any representations or objections that the Licensing Board intend to take into consideration.
If the premises currently has a licensed premises gaming machine permit for three or more machines then this must also be transferred to the new premises licence holder.
If the premises had notified the Board that it currently has two or less gaming machines then a new 'notification' must be made to the Licensing Board by the new premises licence holder.
If your complaint relates to the manner in which your application was processed, then you should address it in the first instance to the Clerk to the Licensing Board.
If the complaint relates to any decision taken by the Board, then you have a right of appeal to the Sheriff Principal Scot Courts you should seek your own legal representation on this process.
Please contact the Licensing Board if there are any changes to your circumstances that do not require a variation to the premises licence. If you are in any doubt whether you need a variation you should check with the Licensing Board.
