Guidance Under Section 34

Licensing (Scotland) Act 2005 Guidance for existing Licence Holders applying to transfer their Premises Licence

Before lodging your application for a transfer of Premises Licence under Section 34 of the 2005 Act, please ensure that you have read the following guidance.

What is an application for Transfer under Section 34 of the Act?

This guidance is to provide existing Licence Holders and potential transferees with information on the application process for transferring a Premises Licence under section 34 of the Licensing (Scotland) Act 2005.

The Licensing Board assumes that both the existing Licence Holder and potential transferee understand the purpose of a transfer application.

The Board will also expect both parties to be fully aware of their responsibilities under the Licensing (Scotland) Act 2005 particularly if the premises is being operated during the processing of the transfer application.

Both parties should consider taking independent legal advice if they have any questions or concerns regarding the transfer procedure or the operation of the premises during process of the transfer application.

Potential transferees are encouraged as part of their due diligence to ascertain if any fees payable to the Licensing Board are outstanding and to make arrangements for settlement of such fees prior to transfer of the Licence.

Who can apply?

An application can only be made by a person who meets the requirements set out in section 34 of the 2005 Act or by an authorised agent who has been instructed to act on behalf of the person.

How do you apply?

To apply you should complete the Online Application Form and submit with the relevant fee.

What needs to accompany the application?

The current Premises Licence, inclusive of the Operating Plan and the Layout Plan should accompany the application.  If that is not practicable, a statement of the reasons for failure to produce the licence must accompany the application.

The proposed transferee should also provide the necessary supporting documentation to demonstrate their capacity to apply for the licence (e.g. evidence of business transfer, right to occupy the premises, death certificate of existing Licence Holder etc).

How much is the application fee?

Please refer to our Fees and Charges for details of the current fee and accepted payment methods.

Payment for your application must be made by electronic banking (i.e. BACS) to Glasgow City Council Licensing account detailed below quoting your licence reference number if you are a current licence holder as follows:

Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: GCxxxx/Application Type

How will the application be processed?

Once an application has been received a copy is sent to Police Scotland; they have 21 days in which they may respond to the Licensing Board.

Once the police report has been received the application will be reviewed by the Clerk to the Licensing Board.  The Clerk will consider the terms of the application and the report by Police Scotland before deciding whether or not to grant the application.  If necessary, the Clerk may request further documentation to support your application and facilitate the transfer.

If the police make a comment to the application or some other factor prevents the Clerk from determine the application, it will be referred to a meeting of the Licensing Board for consideration.  If this happens you will receive a letter requesting your attendance at the meeting and explaining the reason you are being called.  Although you are not legally required to attend it is recommended that you do so.  We will contact you, in writing, after the meeting to advise you of the Licensing Board's decision.

How long will it take to process the application?

Most applications for transfer are determined within 3 to 4 months of being lodged.

Can I specify a date that the transfer should be determined on?

The Licensing Board understands that transfer applications often form part of wider commercial transactions.  Where possible, the Board will try to work with applicants and agents to grant transfer applications in line with their wider requirements.  If you have such requirements, it is imperative that you set these out in writing when submitting your application, otherwise the Licensing Board will determine the application at its earliest convenience.

What happens after my application is granted?

The Premises Licence will be updated to reflect the transfer and forwarded to new Licence Holder or their agent.  You will received written confirmation from the Board that you are no longer the Licence Holder.

Further Information

If you have any further questions about the application process the Licensing Team will be happy to assist you.  Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice.

You can contact us by phone on 0141 287 5354 or by Email or write to us at:

Licensing Team
City of Glasgow Licensing Board
City Chambers
George Square
Glasgow G2 1DU