Licensing (Scotland) Act 2005
2005 asp 16
Commentary on Parts
Schedule 5
328.This schedule sets out who may appeal against what decision. This includes: the personal licence holder (or applicant for a personal licence) who can appeal against the refusal of a personal licence or other order in relation to a personal licence; and both the applicant for and the objector to an occasional licence who can appeal against the grant or refusal (as appropriate) of occasional licence.
329.Only the decisions listed in the schedule can be appealed. Therefore there can be no appeal against a decision by a Licensing Board to reject an objection or representation on the basis that it is frivolous or vexatious.
330.There is a difference of approach between premises licence applications and occasional licence applications, in that those objecting to premises licence applications have no right to appeal against the Board’s decision to grant the initial application. However, there is a review process available for premises licences, once they are up and running, which is not available in respect of occasional licences. As occasional licences will be for short periods, there is a need to allow objectors to appeal against decisions by Boards at the stage at which the occasional licence is granted.
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