Licensing (Scotland) Act 1976 (repealed)

35 Consent of licensing board required for reconstruction, etc. of certain licensed premises. S

(1) No reconstruction or extension of or alteration in any premises in respect of which a licence (other than an off-sale licence) is in force, being a reconstruction, extension or alteration which will affect a public or common part of such premises or any communication with such part, shall be made unless the licensing board within whose area such premises are situated has consented to such reconstruction, extension or alteration at a quarterly meeting of the board or at such other time as may be appointed by the board, or unless such reconstruction, extension or alteration is required by order of some lawful authority.

(2) A licensing board shall not give its consent under this section to any reconstruction, extension or alteration which will materially alter the character of the premises in question or materially alter the external appearance, shape or size of the premises and may, before considering an application for the board’s consent under this section, require plans of the proposed reconstruction, extension or alteration to be lodged with the clerk of the board at such time as the board may appoint.

(3) Before giving its consent under this section, the licensing board shall consult the fire [F1 and rescue ] authority for the area.

(4) If subsection (1) above is contravened, the sheriff may on a complaint at the instance of the licensing board, by order declare the licence which is in force for the premises in respect of which the contravention took place to be forfeited, or may direct that, within a time fixed by the order, the premises shall be restored to their original condition.

(5) For the purposes of this section—

(a) “public part” means a part open to customers who are not residents or guests of residents; and

(b) “common part” means a part open generally to all residents or to a particular class of them.

Textual Amendments

F1 Words in s. 35(3) inserted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 3 para. 8(2)(d) (with s. 77); S.S.I. 2005/392, art. 2(k)