SCHEDULES
SCHEDULE 1Licensing—Further Provisions as to the General System
Notification of decisions and giving of reasons
17
1
A licensing authority shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—
a
to grant or renew a licence or to refuse to do so ;
b
to consent or to refuse to consent to a material change in any premises, vehicle or vessel;
c
to vary or refuse to vary the terms of a licence ;
d
in relation to paragraph 11 above—
i
to suspend a licence or to refuse to do so ;
ii
as to the period of suspension ;
iii
ordering immediate suspension ;
e
to suspend a licence under paragraph 12 above or to refuse to do so.
2
Reasons for a decision referred to in sub-paragraph (1) above shall be given by the licensing authority on a request being made to the authority by a relevant person within 28 days of the date of the decision.
3
Nothing in this paragraph affects the power of the sheriff under paragraph 18 below to require a licensing authority to give reasons for a decision of the authority—
a
which is being appealed to the sheriff under that paragraph ; and
b
for which reasons have not been given under this paragraph.
4
In this paragraph, " relevant person " means—
a
in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application to which the decision relates ;
b
in respect of a decision specified in sub-paragraphs (1)(b) to (e) above, the holder of the licence or the chief constable ;
c
in respect of a decision specified in sub-paragraphs (1)(b) to (e) above which relates to an activity wholly or mainly carried on in premises, the fire authority ;
d
in respect of a decision to consent or to refuse to consent to a material change in premises, the fire authority ; and
e
in respect of a decision specified in sub-paragraph (1)(d) above, any person who, in pursuance of paragraph 11(7)(b) above, was heard by the licensing authority.