- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/09/2011.
Licensing (Scotland) Act 2005, Section 50 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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—
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,
in relation to a building standards certificate, the council for that area,
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.
Textual Amendments
F1Words in s. 50(3)(a) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 4(2)(a)
F2Words in s. 50(5)(a) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 4(2)(b)
F3Words in s. 50(7) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(2), 206(1); S.S.I. 2011/178, art. 2, Sch.
F4S. 50(7A) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(3), 206(1); S.S.I. 2011/178, art. 2, Sch.
F5Words in s. 50(8)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(4), 206(1); S.S.I. 2011/178, art. 2, Sch.
Commencement Information
I1S. 50 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan 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?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
Text created by the Scottish Government 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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys