North Ayrshire Licensing Board

NORTH AYRSHIRE LICENSING BOARD

APPLICATION FOR CONFIRMATION OF PROVISIONAL PREMISES LICENCE

Licensing (Scotland) Act 2005, section 46

If the boxes are not big enough for your reply, please add a separate note at the end of the form, detailing which question your reply relates to. You should start each page with the address of the Premises, the Board Reference Number, and the type of Application applied for, and you should sign each extra page.

Your Application must be accompanied by the original of the Premises Licence (not the Summary), or if that is not practicable, a statement of the reasons for failure to produce the Licence.

In this form 'PPL' means ' Provisional Premises Licence'.

Numbers in square brackets refer to Notes below.

PART A - GENERAL

Board Reference number
Date of Board decision to grant the PPL
Name, address and postcode of Licensed Premises
Name of Licence Holder
Address of Licence Holder
If relevant, name, address and reference of Agent
Contact telephone number
Contact email address

PART B - PREMISES MANAGER

Supply details of the proposed Premises Manager and produce the Personal Licence.

Name
Date of birth
Contact address
Email address
Personal licence
Date of issue
Name of Licensing Board issuing
Reference no. of Personal Licence

PART C - PROVISIONAL PERIOD

Note: the Provisional Period is four years beginning with the date of issue of the PPL (Licensing (Scotland) Act 2005, Section 45(6), as amended by Criminal Justice and Licensing (Scotland) Act 2010, Section 185) but this period can be extended (Section 45(7)). If the PPL is not confirmed before the end of the Provisional period, then at the end of that period it is treated as revoked (Section 45(4)).

C.1Original Grant

Date of issue of PPL / Expiry Date

C.2Extension of time

If the Board has decided to extend the Provisional Period (Section 45(7)), give the details:

Date of any Board decision / Revised Expiry Date

PART D - CERTIFICATES

Are the Premises exempt from the need to produce Certificates? [Notes 2,3,4]

(Tick the appropriate box)

Not exempt
Exempt: ‘moving premises’
Exempt: 'Vessels' which are not ‘Exempt Premises’

PART E - VARIATIONS

E.1Has there been any Variation to the Premises since either

(a) the PPL was issued, or

(b) a Variation of the PPL was granted under Section 30?

Yes / No

If 'no', proceed to Part F.

E.2Describe the Variation(s):

E.3Do you regard it/them as 'Minor Variation(s)' (Section 29(6))?

Yes / No

PART F - DECLARATION BY APPLICANT OR AGENT

If signing on behalf of the Applicant please state in what capacity.

The contents of this Application are true to the best of my knowledge and belief.

Signature …………………………………… * (see note below)

Date …………………………………………

Capacity ……………………………………

* Data Protection Act 1998 - The information on this form may be held on a public register, which may be available to members of the public.

Signatory's details

Please give full name in BLOCK CAPITALS, and address, telephone number and email address:

Enclosures

I have enclosed the relevant documents with this Application:

(Please tick the relevant boxes in the column marked 'App.' - the column marked 'Board' is for internal use).

Document / App. / Board
Provisional Premises Licence
Operating Plan
Layout Plan
Planning Certificate/Provisional Planning Certificate (as appropriate [Notes 2, 4])
Building Control Certificate
Building Warrant Completion Certificate
Food Hygiene Certificate (if appropriate) [Notes 2, 3, 4]
Personal Licence of Premises Manager
Letter explaining why the Premises Licence is not produced
Fee [1]

Application checklist (For use by the Licensing Board only)

Date received
Fee amount
Receipt number
Received by (INITIALS)
Delegated ('yes' or 'no')
If not delegated, date of hearing
Date Confirmation granted/refused

Notes

[1]The fee payable for the Application for Confirmation is the fee which would be payable for a Section 20 Application (Application for Premises Licence) made on the date of that Application, less the fee already paid when the Provisional Premises Licence was originally applied for: The Licensing (Fees) (Scotland) Regulations 2007 No. 553, Regulation 10.

[2]Section 50(3) states that the following Certificates are required when applying for Confirmation (unless the Premises are exempt under Section 126(3) - see Note [3]) :

(a) If the 'Provisional Planning Certificate' which accompanied the 'Provisional Premises Licence application' consisted of outline planning permission, a Planning Certificate,

(b) a 'Building Standards Certificate', and

(c) if food is to be supplied on the premises, a 'Food Hygiene Certificate'.

If the Provisional Planning Certificate submitted with the original Provisional Premises Licence application said that either

(a)there was full Planning Permission, or

(b)no Planning Permission would be required (e.g. a Certificate of Lawful Use)

then there is no need to duplicate it later.

[3]Do I need a "Food Hygiene Certificate" ?

A FHC is needed "if food is to be supplied on the Premises": Section 50(1). This covers:

(1)shops where food is simply sold for off-sales consumption, e.g. a shop selling only sealed packages or tins containing food, without the staff ever directly handling the food;

(2)hot food shops (e.g. chip shops or kebab shops) where the food if prepared and served on the Premises but then taken away by customers and consumed elsewhere;

(3)restaurants and other eat-in Premises where food is prepared, served and consumed on the Premises.

The Food Safety Act 1990 applies to all “Food Businesses”.These are "any Business in the course of which 'Commercial Operations' with respect to 'Food' or Food Sources are carried out".

"Commercial Operations” are any of

(a)selling, possessing for sale and offering, exposing or advertising for sale;

(b)consigning, delivering or serving by way of sale;

(c)preparing for sale or presenting, labelling or wrapping for the purpose of sale;

(d)storing or transporting for the purpose of sale;

(e)importing and exporting;

“Food” includes—

(a)drink;

(b)substances of no nutritional value which are used for human consumption;

(c)chewing gum etc.

(d)substances used as ingredients in the preparation of 'food' or (a)-(c).

[4]The Requirement to lodge Certificates does not apply:

(a)to ‘moving premises’, or

(b)to those 'Vessels' which are not ‘Exempt Premises’

See Sections 124 and 126(3). 'Exempt premises' include aircraft, trains and ferries.

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