Notification of the decisions and giving of reasonsS
17(1)A licensing authority shall, within [F110 days] [F115 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—
[F2(ai)to revoke a licence or to refuse to do so,]
(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 [F321] days of the date of the decision.
[F4(2A)Where a licensing authority cannot give reasons for a decision within the period required by sub-paragraph (1) because of a reason relating to coronavirus, it must—
(a)notify the person who made the request that there will be a delay, and
(b)give the reasons as soon as reasonably practicable after that period.]
(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
[F5(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 [F6Scottish Fire and Rescue Service];
(d)in respect of a decision to consent or to refuse to consent to a material change
[F7(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 [F8Scottish Fire and Rescue Service]; 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
F1Words in Sch. 1 para. 17(1) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 6 para. 1(7)(f) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))
F2Sch. 1 para. 17(1)(d)(ai) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(f), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)
F3Word in Sch. 1 para. 17(2) substituted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 178(2)(i), 206(1); S.S.I. 2010/413, art. 2, sch. (with sch.)
F4Sch. 1 para. 17(2A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 6 para. 1(7)(g) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))
F5Words in Sch. 1 para. 17(4)(c) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(i)(i)
F6Words in Sch. 1 para. 17(4)(c)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F7Words in Sch. 1 para. 17(4)(d) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(i)(ii)
F8Words in Sch. 1 para. 17(4)(d)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)