27Provisional licences(1)

This section applies where a VAP—

(a)

intends to provide, or offer to provide, regulated visitor accommodation at premises in Wales in respect of which the VAP is registered, and

(b)

considers the VAP—

(i)

is able to demonstrate that the approval requirements in section 19(2)(a) and (b) are met in respect of the premises, and

(ii)

is unable, for the time being, to demonstrate that the approval requirements in section 19(2)(c)(i) and (ii) (fitness of premises) are met in respect of the premises.

(2)

Where this section applies the VAP may make an application to the Welsh Ministers for a provisional visitor accommodation licence in respect of the premises.

(3)

In subsection (2) a “provisional visitor accommodation licence” means a licence granted subject to—

(a)

the conditions set out in section 15(3)(a) and (b), and

(b)

the condition that the VAP does not permit any visitor to enter the premises for the purposes of residing in or at the regulated visitor accommodation.

(4)

An application under subsection (2) must—

(a)

be in such form, and made in such manner, as the Welsh Ministers may specify;

(b)

be accompanied by such fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with their functions under subsection (5);

(c)

specify the approval requirements the VAP considers are not met;

(d)

contain such other information as the Welsh Ministers may specify.

(5)

Where a VAP makes an application under subsection (2), the Welsh Ministers must, as soon as reasonably practicable after receiving the application—

(a)

determine whether the approval requirements in section 19(2)(a) and (b) are met in respect of the premises to which the application relates, and

(b)

give notice to the VAP in accordance with subsection (9).

(6)

The Welsh Ministers must grant the licence to the VAP where—

(a)

the Welsh Ministers are satisfied that the approval requirements referred to in subsection (5)(a) are met in respect of the premises to which the application relates, and

(b)

any fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with the grant of the licence is paid.

(7)

Where the Welsh Ministers are not satisfied that the approval requirements in section 19(2)(a) and (b) are met in respect of the premises to which the application relates, they must refuse the application.

(8)

For the purposes of this section, the Welsh Ministers may decide whether or not they are satisfied that an approval requirement is met—

(a)

on the basis only of information contained in (or omitted from) the application, or

(b)

on the basis of that information and any other information available to the Welsh Ministers, including (but not limited to) information provided in connection with any of their functions under or by virtue of Parts 3 to 5 of this Act.

(9)

Where the Welsh Ministers give a notice under subsection (5)(b)—

(a)

the notice must—

(i)

inform the VAP of the outcome of the application (including, where the application is refused, of the reasons why the Welsh Ministers are not satisfied that the approval requirements in section 19(2)(a) and (b) are met), and

(ii)

set out any right of appeal conferred by section 29;

(b)

any decision stated in the notice takes effect on the date the notice is given.

(10)

Where a VAP makes an application under subsection (2) that relates to two or more premises, the Welsh Ministers may separately grant or refuse the application in respect of each of the premises.

(11)

For the purposes of this section and section 28, a reference to “the premises”—

(a)

is, in relation to an application for a licence that relates to regulated visitor accommodation provided in part of the premises, a reference to such part of the premises in which that accommodation is provided, and

(b)

in the case of an application for a licence that relates to accommodation of a description given in section 5(1)(a) (regulated self-catering accommodation), includes any outdoor area, garage or other building provided for the exclusive use of a visitor during the period in which the visitor is entitled to reside in or at the accommodation;

(see also section 6(4) which makes similar provision in relation to the application of fitness standards to premises at which visitor accommodation is provided).