Planning Application submitted for a new Tapas Bar in Balloch, Dumbartonshire.

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Introduction

 

Having worked with the owners on an adjacent tourism devlopment for the retrospective change of use from residential dwelling to short stay visitor accommodation (sui generis) En-Plan were tasked with assiting with the operations of a new restaurant and bar. Following an initial planning appraisal with the client En-Plan formulated a full planning application for exterior alterations that was subsequently submitted to Loch Lomond & Trossachs National Park Authority.  

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Section 50 Certificates 

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En-Plan were thgen employed to assist in licencing and operational matters for the restaurant. In terms of licecnincing in Scotland, a Section 50 application refers to an application made under Section 50 of the Licensing (Scotland) Act 2005. Section 50 certificates are part of the premises licence application process for selling alcohol. Before a local Licensing Board can grant a Premises Licence, the applicant must provide three certificates commonly called Section 50 certificates from different authorities confirming that the premises comply with certain legal requirements.

 

The Three Section 50 Certificates

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1. Planning Certificate – issued by the planning authority (usually the local council’s planning department) confirming that the premises have appropriate planning permission for their intended use (e.g. as a bar, restaurant, shop, etc.).

2. Building Standards Certificate – issued by the building standards authority confirming that the premises meet building regulations and standards.

3. Food Hygiene Certificate – issued by the environmental health department (only required if food is to be sold or served)

 

Why They’re Needed

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These certificates show that the premises have the correct planning consent. The building complies with safety and construction standards. The premises meet public health and hygiene standards (if applicable).

Without all the relevant Section 50 certificates, the National Park Authority cannot issue a Premises Licence under their statutory provisions.

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Applicants typically submit Section 50 applications before or alongside their Premises Licence application to ensure everything is in place by the time the Licensing Board reviews the case.

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Fire Risk Assessment

 

In Scotland, every restaurant (and indeed any premises used for business) must have a fire risk assessment under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. A fire risk assessment is a systematic review of your premises to identify Potential fire hazards People at risk How to remove or reduce those risks What measures are in place (or needed) to ensure safety. It’s a legal requirement — and it must be recorded in writing if you employ five or more people or if the premises are licensed (which includes restaurants with alcohol licences). The duty lies with the “dutyholder” — usually: The owner, employer, or occupier of the premises. n a restaurant, that’s typically the business owner or manager.

 

Enforcement & Inspections

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Scottish Fire and Rescue Service (SFRS) enforces fire safety laws. They can inspect your restaurant and request to see your fire risk assessment. Failure to have or maintain a suitable assessment can lead to enforcement notices or prosecution.

 

Useful Resources

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• Scottish Government Fire Safety Guidance for Premises with Sleeping Accommodation

• Scottish Government Fire Safety Guidance for Places of Entertainment and Assembly (this applies to restaurants, pubs, clubs, etc.

• ​By implementing a comprehensive fire safety plan tailored to the specific needs of your business, you can minimize the risk of fire-related incidents and demonstrate your commitment to maintaining a safe and secure environment for employees and customers. This will ensure you are keeping up tpo date with the latest building regulations.

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Further Information

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If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please contact us and we will be only too happy to talk through any questions or development proposals you may have.

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