Civic Government (Scotland) Act 1982

Notification of the decisions and giving of reasonsS

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—S

(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 [F121] 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

[F2(i)in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii)in any other premises] , the [F3appropriate relevant authority] ;

(d)in respect of a decision to consent or to refuse to consent to a material change

[F4(i)in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii)in any other premises] , the [F5appropriate relevant 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.

Textual Amendments