SCHEDULES

SCHEDULE 1S Licensing—Further Provisions as to the General System

Modifications etc. (not altering text)

AppealsS

18(1)Subject to sub-paragraph (2) below, a person who may, under this Schedule, require a licensing authority to give him reasons for their decision may appeal to the sheriff against that decision.S

(2)A person shall be entitled to appeal under this paragraph only if he has followed all such procedures under this Schedule for stating his case to the licensing authority as have been made available to him.

(3)A licensing authority may be a party to an appeal under this paragraph.

(4)An appeal under this paragraph shall be made by way of summary application and shall be lodged with the sheriff clerk within 28 days from the date of the decision appealed against.

(5)On good cause being shown, the sheriff may hear an appeal under this paragraph notwithstanding that it was not lodged within the time mentioned in sub-paragraph (4) above.

(6)For the purposes of an appeal under this paragraph, the sheriff may, in the case of a decision of a licensing authority for which reasons have not been given by the authority under paragraph 17 above, require the authority to give reasons for that decision, and the authority shall comply with such a requirement.

(7)The sheriff may uphold an appeal under this paragraph only if he considers that the licensing authority, in arriving at their decision—

(a)erred in law;

(b)based their decision on any incorrect material fact;

(c)acted contrary to natural justice; or

(d)exercised their discretion in an unreasonable manner.

(8)In considering an appeal under this paragraph, the sheriff may hear evidence by or on behalf of any party to the appeal.

[F1(8A)On an appeal under this paragraph relating to a taxi driver's licence or a private hire car driver's licence [F2or a booking office licence], the sheriff is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.]

(9)On upholding an appeal under this paragraph, the sheriff may—

(a)remit the case with the reasons for his decision to the licensing authority for reconsideration of their decision; or

(b)reverse or modify the decision of the authority,

and on remitting a case under sub-sub-paragraph (a) above, the sheriff may—

(i)specify a date by which the reconsideration by the authority must take place;

(ii)modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including this Act).

(10)In considering an appeal under this paragraph against suspension [F3or revocation] of a licence the sheriff may, pending his decision on the appeal, order the recall of any order by the licensing authority under paragraph 11(10) F4... or of any order made by the authority under paragraph 12 above but he shall not do so unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the authority.

(11)The sheriff may include in his decision on an appeal under this paragraph such order as to the expenses of the appeal as he thinks proper.

(12)Any party to an appeal to the sheriff under this paragraph may appeal on a point of law from the sheriff’s decision to the Court of Session within 28 days from the date of that decision.

Textual Amendments

F2Words in Sch. 1 para. 18(8A) inserted by S.S.I. 2009/145, Sch. para. 3C (as inserted) (22.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Licensing of Booking Offices Scotland) Regulations 2017 (S.I. 2017/1317), regs. 1, 6(a) (with reg. 7)