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.