Licensing (Scotland) Act 2005

SCHEDULE 5 S Appeals

(introduced by section 131(1))

Part 1 S Appeals to the sheriff principal

Commencement Information

I1 Sch. 5 Pt. 1 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Decision	Persons who can appeal
A decision to refuse a premises licence application	The applicant
A decision to refuse a premises licence variation application	The applicant
A decision to refuse an application under section 33(1) or 34(1) for transfer of a premises licence	The applicant
A decision to refuse an application under section 35(1) for a variation of a premises licence	The applicant
A decision under section 39(1) [F1 or (2A)] to issue a written warning to a premises licence holder, to make a variation of a premises licence, or to suspend or revoke such a licence	The premises licence holder or, where the decision is taken in connection with a premises licence review application, the applicant
A decision to refuse an application under section 40 to revoke a variation or suspension of a premises licence	The applicant
A decision to refuse an application under section 45(7) to extend the provisional period in relation to a provisional premises licence	The applicant
A decision to refuse an application under section 46(4) to confirm a provisional premises licence	The applicant
A decision to refuse an application under section 47(2) to issue a premises licence for temporary premises	The applicant
A decision to refuse an application under section 47(6) to extend the period for which a temporary premises licence has effect	The applicant
A decision to refuse an occasional licence application	The applicant
A decision to grant an occasional licence application	Any person who has given a notice of objection under section 58(1)
A decision to refuse an extended hours application	The applicant

Textual Amendments

F1 Words in sch. 5 Pt. 1 inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(7), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Part 2 S Appeals to the sheriff

Commencement Information

I2 Sch. 5 Pt. 2 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Decision	Persons who can appeal
A decision to refuse a personal licence application	The applicant
A decision to make an order under section [F2 83(9) or (9A)] , [F3 84(7) or (7A)] , or 86(3) revoking, suspending or endorsing a personal licence	The personal licence holder

Textual Amendments

F2 Words in sch. 5 Pt. 2 substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 47(3), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F3 Words in sch. 5 Pt. 2 substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(4), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)