SCHEDULES

SCHEDULE 2 Control of Sex Shops

Notification of decisions and giving of reasons

23

1

A F1local 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 under this Schedule or to refuse to do so;

b

to revoke a licence under this Schedule or not to revoke it;

c

to consent or to refuse to consent to a material change in any premises, vehicle, vessel or stall;

d

to vary or to refuse to vary the terms of a licence under this Schedule.

2

Reasons for a decision referred to in sub-paragraph (1) above shall be given by the F1local authority on a request being made to the F1 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 24 below to require a F1local authority to give reasons for a decision of the council—

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 repre sentation (within the meaning of paragraph 3 above) in relation to the application to which the decision relates;

b

in respect of a decision specified in sub-paragraph (1)(b) to (d) above, the holder of the licence, the chief constable or

F2i

where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises, vehicle, vessel or stall to which the licence relates, the enforcing authority;

ii

where Part 3 of that Act does not so apply, the F4Scottish Fire and Rescue Service ; and

c

in respect of a decision specified in sub-paragraph (1)(b) above, any person who in pursuance of paragraph 13(5)(b) above was heard by the F1authority.