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LIQUOR LICENSING ACT 1997 - SECT 59

LIQUOR LICENSING ACT 1997 - SECT 59

59—Certificate of approval for proposed premises

        (1)         The licensing authority may refuse an application for a licence for proposed premises having regard to the extent to which the proposed premises are uncompleted but may, instead, grant a certificate (a "certificate of approval ) approving the plans submitted by the applicant in respect of the proposed premises if satisfied that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the sale of liquor have been obtained.

        (2)         A certificate of approval—

            (a)         may be granted on conditions the licensing authority thinks fit; and

            (b)         must state the trading rights to be conferred by the licence and may state conditions to which the licence should be subject.

        (3)         If—

            (a)         a certificate of approval has been granted; and

            (b)         the holder of the certificate satisfies the licensing authority—

                  (i)         that the conditions (if any) on which the certificate was granted have been complied with; and

                  (ii)         that the premises have been completed in accordance with plans approved by the licensing authority on the grant of the certificate or a variation of those plans later approved by the licensing authority,

a licence conferring the trading rights, and subject to the conditions, specified in the certificate must be granted to the holder of the certificate in respect of the premises.

        (4)         A certificate under this section is, for the purposes of the provisions of this Act relating to the transfer of a licence, taken to be a licence.

        (5)         A transaction under which the holder of a certificate of approval agrees to the transfer of the certificate for a monetary or other consideration is void unless the proposed transfer is to a close associate.