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General => The Common Room => Topic started by: Claire64 on Thursday 27 June 19 00:06 BST (UK)
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Our local archives has helpfully scanned all the documents relating to public house licenses. A lot of them declare the intention of the current licensee to transfer the license to a certain person at the next licensing sessions.
On a couple of occasions, I have noticed that the intended recipient of the license has been carrying on as if he had already had the license transferred to him (sometimes the intent was to transfer the license at the next sessions, which might have been a few months away). Was this legal?
I have been looking into this but can't find a definitive answer.
Sometimes the man to whom to license was intended to be transferred to was never actually granted it, but in the months between the notice to transfer and the Sessions, he was described in various sources as the landlord / victualler etc.
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In England/Wales a license is issued by magistrates to a named person.
If the proposed future licensee was acting for the existing licensee (as manager for example) this would not be illegal. The manager could run the establishment and make all the day-to-day decisions but the licensee would be responsible under the law.
If the existing licensee attempted to transfer a licence to another person without going through the magistrates' court this would be illegal.
Philip
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That sounds to me a very clear summing-up of the situation.
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A very clear answer, thank you.
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The only thing I can think of is that while waiting for the new licence the hopeful landlord treated the pub as a pot house (can't remember the dates, but 19thC), only serving beer. A public house down the road from me, when first built, couldn't get a full licence, because of local objections, so for a long time only traded as a pot house.
Derby Girl
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A house that my grandparents owned was in a former ownership, according to the bundle of deeds they had, a local public house. At one point the licence was transferred to the house next door, and the house that became my grandparents' home was again a private house. The same name went with it.