Section 4: Appeals process
The Regulations allow for licence holders or licence applicants who disagree with the decision of a licensing authority to appeal to the sheriff. Licence holders or applicants can appeal against a decision to:
- refuse to grant or renew a licence,
- attach a further condition or conditions (under regulation 6(5)) to any licence granted or renewed,
- revoke or vary a licence.
Any licence holder or applicant wishing to appeal to the sheriff must do so within 28 days beginning from the day after the notice is served by the licensing authority.
Upon receipt of any appeal made, a sheriff may, until such time as the appeal is determined or withdrawn, decide to:
- permit the licence holder to continue the licenced activity where the local authority has decided not to renew a licence,
- permit the licence holder to continue the licenced activity without having to comply with the additional condition or conditions attached to their licence (under regulation 6(5)) by the local authority, or
- suspend a revocation or variation.
A sheriff may, having considered any appeal made, either confirm or overturn a local authority's decision, with or without modification.
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