2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

7.   Grant or refusal of application

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    (1)   The Board may grant an application, with or without conditions or refuse to grant an application.

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    (2)   The Board shall not grant an application in respect of premises used or intended to be used in carrying on an offensive or hazardous trade unless the Board is satisfied in relation to the premises that —

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      (a)     the premises conform to the plan approved by the Board under regulation 5;

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      (b)     the methods to be used for the control or disposal of any noxious or injurious vapours, dust or effluents which may be discharged in the carrying on of the offensive or hazardous trade or of waste or refuse arising from the noxious or injurious vapours, dust or effluents are adequate;

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      (c)     the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises, other than any part used exclusively for storage purposes, to safeguard in that respect the maximum number of persons likely to be in such part of the premises at any one time;

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      (d)     sanitary fitments are provided to a standard not less than that required by the Bureau of Standards; but, in the case of other premises, the Board may approve a lesser standard as it may consider adequate, having regard to considerations of public health and the circumstances of the case;

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      (e)     the premises are equipped with potable water under pressure, but if the Board is satisfied that access to the potable water supply by the Water and Sewerage Company Inc. cannot reasonably be obtained for all or any purposes, the Board may approve another water supply that it considers adequate, having regard to considerations to public health;

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      (f)     subject to subregulation (3), all floors in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious on the surface and slope evenly towards drainage outlets;

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      (g)     all floors under paragraph (f) are drained, by means of removable galvanized gratings, into glazed or smooth cement channels which discharge into trapped drainage openings;

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      (h)     subject to subregulation (3), all walls in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious to a height of not less than 2 m and the junctions between the walls and floors are coved;

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      (i)     in the case of any premises used or intended to be used for the carrying on of an offensive or hazardous trade involving the processing or treatment of materials containing fat, all drainage outlets are fitted with a grease trap;

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      (j)     the storage space provided is sufficient to contain all materials required for use in the business which are likely to be in stock at any one time;

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      (k)     where the premises comprise part of a building which has more than one storey, the other storeys of such building are adequately protected against nuisances arising from the carrying on of the offensive or hazardous trade;

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      (l)     the carrying on of the offensive or hazardous trade is not, or is not likely to be, a nuisance or danger to members of the public; and

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      (m)     any heating equipment provided is properly installed and, having regard to the nature of the premises, is not likely to be dangerous.

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    (3)   If the Board is satisfied that compliance with subregulation (2)(f) or (h) is not necessary in any particular case having regard to the nature of the materials prepared, processed or stored, the Board may in writing exempt a person from the application of subregulation (2)(f) or (h).

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    (4)   f the Board grants an application with conditions or refuses an application, the Board shall state the reasons for the conditions or refusal.

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    (5)   Within twenty-one days the person may make representations in writing to the Board objecting to the grant with conditions or refusal of the application and the Board shall not determine the matter without considering the representations.