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Licensing (Scotland) Act 2005

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  • specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)

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50Certificates as to planning, building standards and food hygieneS

This section has no associated Explanatory Notes

(1)A premises licence application (other than a provisional premises licence application) must be accompanied by—

(a)a planning certificate,

(b)a building standards certificate, and

(c)if food is to be supplied on the premises, a food hygiene certificate,

in respect of the subject premises.

(2)A provisional premises licences application must be accompanied by a provisional planning certificate in respect of the subject premises.

(3)An application under section 46(1) in respect of any premises must be accompanied by—

(a)if the provisional planning certificate which accompanied the provisional premises licence application in respect of the subject premises consisted of outline planning permission [F1or planning permission in principle], a planning certificate,

(b)a building standards certificate, and

(c)if food is to be supplied on the premises, a food hygiene certificate,

in respect of the subject premises.

(4)A planning certificate is a certificate signed on behalf of the appropriate authority and stating—

(a)that planning permission under the Town and Country Planning (Scotland) Act 1997 (c. 8) (referred to in this section as “the 1997 Act”) in respect of any development of the subject premises in connection with their proposed use as licensed premises has been obtained, or

(b)that no such planning permission is required.

(5)A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating—

(a)that planning permission[F2, planning permission in principle] or outline planning permission under the 1997 Act has been obtained in respect of the construction or conversion of the subject premises, or

(b)that no such planning permission is required.

(6)A building standards certificate is a certificate signed on behalf of the appropriate authority and stating—

(a)that a completion certificate has been accepted under section 18 of the Building (Scotland) Act 2003 (asp 8) (referred to in this section as “the 2003 Act”) in respect of any construction or conversion of the subject premises in connection with their proposed use as licensed premises,

(b)that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or

(c)that no such completion certificate or permission is required.

(7)A food hygiene certificate is a certificate signed on behalf of the appropriate authority and stating that the subject premises comply with [F3such requirements as the Scottish Ministers may, by order, specify.]

[F4(7A)An order under subsection (7) may specify requirements by reference to provision contained in another enactment.]

(8)In this section—

  • appropriate authority” means—

    (a)

    in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the 1997 Act) for the area in which the subject premises are situated,

    (b)

    in relation to a building standards certificate, the council for that area,

    (c)

    in relation to a food hygiene certificate, the food authority (within the meaning of [F5section 5 of the Food Safety Act 1990 (c.16)]) for that area,

  • construction” and “conversion” have the same meanings as they have in the 2003 Act,

  • development” has the same meaning as it has in the 1997 Act.

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Amendments (Textual)

Commencement Information

I1S. 50 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

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