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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

50Certificates as to planning, building standards and food hygiene

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, 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 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 the requirements of regulations made under section 16 of the Food Safety Act 1990 (c. 16) (referred to in this section as “the 1990 Act”) relating to construction, layout, drainage, ventilation, lighting and water supply or concerned with the provision of sanitary and washing facilities.

(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 the 1990 Act) 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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