Licensing (Scotland) Act 2005
2005 asp 16
Commentary on Parts
Part 3 – Premises Licences
Section 38 – Review hearing
86.This section places a duty on the Licensing Board to hold a hearing (known as a “review hearing” for the purposes of this Act) to consider and determine an application for a review of a premises licence made under section 36 or a review proposal under section 37. The Board does not need to hold a review hearing on an application for review if it considers the application is frivolous or vexatious or if it is not relevant to the grounds for review. Subsection (4) places a duty on Licensing Standards Officers to provide a report to the Board and provides a reciprocal duty on Boards to have regard to the report. Subsections (5) and (6) permit Boards to request information, the attendance at a hearing of any person and the production of documents.
- Previous
- Explanatory Notes Table of contents
- Next