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LIQUOR LICENSING ACT 1997 - SECT 62C

LIQUOR LICENSING ACT 1997 - SECT 62C

62C—Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet

        (1)         The licensing authority may refuse an application for the addition to a liquor production and sales licence of proposed premises as a production outlet, retail outlet or wholesale outlet 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)         may include a statement of conditions to which, in the opinion of the licensing authority, the licence should be subject on the addition of the premises (either in addition to, or in substitution for, existing conditions of the licence).

        (3)         If—

            (a)         a certificate has been granted under subsection (1); 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,

the new premises must be added to the licence and, if the certificate of approval provides for the addition or substitution of conditions, the licence then becomes subject to the new conditions in accordance with the terms of the certificate.

        (4)         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.