SCHEDULES

C1C2 SCHEDULE 1 Licensing—Further Provisions as to the General System

Annotations:
Modifications etc. (not altering text)
C1

Sch. 1: power to apply conferred (18.11.1996) by 1996 c. 58, ss. 33(3), 48(6)

Notification of the 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—

F6ai

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.

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

F1i

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

ii

in any other premises, the F4Scottish Fire and Rescue Service;

d

in respect of a decision to consent or to refuse to consent to a material change

F2i

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

ii

in any other premises, the F5Scottish 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.