SCHEDULES
C1C2 SCHEDULE 1 Licensing—Further Provisions as to the General System
Sch. 1 applied (with modifications) (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), arts. 1, 5(b), sch. 2 Pt. 2 (with art. 7)
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.
Sch. 1: power to apply conferred (18.11.1996) by 1996 c. 58, ss. 33(3), 48(6)