- Latest available (Revised)
- Original (As enacted)
Licensing (Scotland) Act 2005
You are here:
- 2005 asp 16
- Part 3
- Premises under construction or conversion
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Licensing (Scotland) Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act applied (with modifications) by S.S.I. 2009/277 art. 7
- Act power to modify conferred by 2010 asp 18 s. 15(1)(c)(i)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A inserted by 2010 asp 18 s. 12
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
Commencement Orders yet to be applied to the Licensing (Scotland) Act 2005:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/292 art. 2 commences (2005 asp 16)
- S.S.I. 2006/239 art. 2 commences (2005 asp 16)
- S.S.I. 2006/286 art. 2 commences (2005 asp 16)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/149 art. 2(1) commences (2010 asp 8)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/354 art. 3 commences (2010 asp 13)
- S.S.I. 2011/366 art. 2 amendment to earlier commencing SSI 2011/354
Prospective
Premises under construction or conversionS
45Provisional premises licenceS
(1)A premises licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed or converted for use as licensed premises.
(2)A premises licence application in respect of any such premises is referred to in this Act as a “provisional premises licence application”.
(3)A premises licence issued in respect of any such premises does not take effect unless and until it is confirmed by the Licensing Board which issued it in accordance with section 46.
(4)If a premises licence issued in respect of any such premises is not confirmed before the end of the provisional period, then at the end of that period the licence is treated as revoked.
(5)A premises licence—
(a)to which subsection (3) applies, and
(b)which has not been confirmed in accordance with section 46,
is referred to in this Act as a “provisional premises licence”.
(6)The provisional period, in relation to a provisional premises licence, is the period of 2 years beginning with the date of issue of the licence.
(7)On the application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence may, if satisfied as to the matter mentioned in subsection (8), extend the provisional period by such period as the Board considers appropriate.
(8)That matter is that—
(a)completion of the construction or conversion of the premises to which the licence relates has been delayed, and
(b)the delay has been caused by factors outwith the premises licence holder's control.
(9)Where the provisional period in relation to any provisional premises licence has been extended under subsection (7), references in this section and section 46 to the provisional period are to that period as so extended.
(10)Section 20 has effect in relation to a provisional premises licence application as if—
(a)in subsection (2)(b), for sub-paragraph (iii) there were substituted—
“(iii)the certificate required by section 50(2),”, and
(b)in subsection (4), paragraph (g) were omitted.
(11)In this section, “construct” and “convert” have the same meanings as they have for the purposes of the Building (Scotland) Act 2003 (asp 8).
46Confirmation of provisional premises licenceS
(1)The holder of a provisional premises licence may, at any time before the expiry of the provisional period in relation to the licence, apply to the Licensing Board which issued the licence for confirmation of the licence.
(2)An application under subsection (1) must be accompanied by—
(a)the provisional premises licence,
(b)the operating plan for the premises to which the licence relates,
(c)the layout plan for the premises, and
(d)the certificates required by section 50(3).
(3)The operating plan referred to in subsection (2)(b) must, in particular and without prejudice to subsection (4) of section 20, contain a statement of the information specified in paragraph (g) of subsection (4) of that section.
(4)Where a Licensing Board which issued a provisional premises licence receives an application under subsection (1) in respect of the licence, the Board must, if satisfied as to the matters mentioned in subsection (5), confirm the licence.
(5)Those matters are that—
(a)since the provisional premises licence was issued, or
(b)if, since that time, an application for a variation of the licence has been granted under section 30, since the last such application was granted,
there has been no variation (other than a minor variation) made to the operating plan or layout plan for the premises to which the licence relates.
(6)Where a Licensing Board confirms a provisional premises licence under subsection (4), the Board may, for the purpose specified in subsection (7), make a variation of the conditions to which the licence is subject.
(7)That purpose is ensuring consistency with any licensing policy statement or supplementary licensing policy statement published since the licence was issued.
47Temporary premises licenceS
(1)This section applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (referred to in this section as the “principal premises”).
(2)The appropriate Licensing Board in relation to the principal premises may—
(a)on the application of the holder of the premises licence in respect of the premises, and
(b)if satisfied as to the matters mentioned in subsection (3),
issue to the applicant a premises licence in respect of such other premises within the Licensing Board's area as are specified in the application (such premises being referred to in this section as the “temporary premises”).
(3)The matters referred to in subsection (2)(b) are—
(a)that the temporary premises are suitable for use for the sale of alcohol, and
(b)that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises.
(4)A premises licence issued under subsection (2) is referred to in this Act as a “temporary premises licence”.
(5)A temporary premises licence—
(a)has effect for such period of not more than 2 years beginning with the date of its issue as the Licensing Board may determine, and
(b)is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Licensing Board considers appropriate.
(6)The Licensing Board may, on the application of the holder of a temporary premises licence, extend the period during which it has effect for such further period of not more than 12 months as they may determine.
(7)In this section—
“conversion” has the same meaning as it has for the purposes of the Building (Scotland) Act 2003 (asp 8), and
“reconstruction” includes alteration, re-erection and extension.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print This Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources