Transfer of Pub Licence to Leasee?

Pia Bang

Registered User
Messages
55
Hi All,

Not completely sure if this is in the right section - mods please move if it's not.

My boss had a pub with a current licence. He is looking into leasing the pub to a third party. Is it possible for him to own the licence (as it's a valuable item) but have it in someone else's name?

The issues he is concerned about is if there is any endorsements etc on the licence, that they would be against the leasee rather than himself.

I've spoken to customs & excise but they said they are only concerned with the duty on the licence and are not concerned with the legal side of it.

If anyone has any knowledge of the above, I would appreciate some input.

Cheers,
Pia
 
Yes this is standard practice. The licence goes with the premises, but the lessee will have to get an assignment of the licence while they trade. His solicitor will advise on the appropriate lease but it would incorporate forfeiture clauses in the event of an endorsement on the licence ( or more than one depending on agreement ) and other protections.

It is very common for pub lessees to go out of business within the first few years so he needs to have a large deposit and guarantee if possible, references, and all services and utilities ( including suppliers accounts etc) in the lessees name.