Licensing (Scotland) Act 1976 (repealed)

23 Special provisions relating to applications for new licence. S

(1) Subject to subsection (6) of this section, an application for the grant or provisional grant of a new licence (other than an off-sale licence) shall not be entertained by a licensing board unless there are produced to the board, in accordance with the provisions of this section, certificates from the appropriate authority as to the suitability of the premises for which the licence is sought in relation to planning, building control and food hygiene.

(2) In relation to planning, the certificate from the appropriate authority should state that the applicant has obtained in respect of the premises planning permission under the M1 Town and Country Planning (Scotland) Act 1972 or, in the case of an application for the provisional grant of a licence, outline planning permission under sections 39 and 40 of that Act, or, in either case, a determination under section 51 of that Act that planning permission is not required [F1 or a certificate under section 90A of that Act that the proposed use or operations would be lawful as mentioned in the said section 90A.].

(3) In relation to building control, the certificate from the appropriate authority—

(a) in the case of an application for a new licence, should state—

(i) either that a warrant for the construction of the premises has been granted under section 6 of the M2 Building (Scotland) Act 1959 and a certificate of completion has been granted under section 9 of that Act, or that no warrant for construction of the premises is required; and

(ii) either that a warrant for the change of use of the premises has been granted under the said section 6 or that no such warrant is required; and

(b) in the case of an application for the provisional grant of a licence, should state—

(i) that a warrant for the construction of the premises has been granted under section 6 of the said Act of 1959; and

(ii) either that a warrant for the change of use of the premises has been granted under the said section 6, or that on completion of the construction of the premises in accordance with the warrant a warrant for the change of use will be granted, or that no such warrant is required.

Expressions used in this subsection and in the said Act of 1959 have the same meanings in this subsection as they have in that Act.

(4) In relation to food hygiene, the certificate from the appropriate authority should, in the case of an application for a new licence, state that the premises to which the application relates comply, or, in the case of an application for the provisional grant of a licence, would comply, with the requirements of regulations made under [F2 section 16 of the M3 Food Safety Act 1990] relating to construction, layout, drainage, ventilation, lighting and water supply or concerned with the provision of sanitary and washing facilities.

(5) Before granting or making the provisional grant of a new licence, the licensing board shall consult the fire authority for the area.

(6) In relation to building control, food hygiene and consultation with the fire authority, subsections (1), (3), (4) and (5) of this section shall not apply to the application for or the making of a provisional grant of a licence under section 26(2) of this Act but shall apply to the application for affirmation and to the affirmation of such a grant.

(7) In this section, in relation to planning and building control, the appropriate authority in the case of the Highland, Borders and Dumfries and Galloway Regions is the regional council and, in any other case, is the district or islands council, and in relation to food hygiene, the appropriate authority is the district or islands council.

Textual Amendments

F1 Words in s. 23(2) added (1.7.1993) by 1993 c. 20, s. 1(2)

F2 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1), Sch. 3 para. 19

Marginal Citations

M1 1972 c. 52(123:2).

M2 1959 c. 24(15).

M3 1990 c. 16.