PART 5Reviews and appeals of licensing decisions
Application for review of decision by local authority
22.—(1) A scheme must make provision allowing for the recipient of a decision to make an application to the local authority for a review of the decision.
(2) An application for review—
(a)must be made in writing within 28 days beginning with the date that notice of a decision is served on the applicant,
(b)must include a statement in support of the application for review,
(c)may be supported by such evidence as the applicant considers to be appropriate.
(3) The local authority may consider whether it is appropriate to take account of an application made under this regulation which is received by them after the end of the period mentioned in paragraph (2)(a).
(4) A decision which is the subject of an application for review does not have effect until the date of determination of that application.
(5) In this regulation and, as the case may be, regulations 23 and 24—
“applicant” means a person applying for a review of a decision of a local authority,
“decision” means—
a determination of an application for a licence or for renewal or variation of a licence,
a decision to attach a condition to a licence,
a decision to revoke, suspend or vary a licence.
Determination of application for review
23.—(1) Where an application for review of a decision is made to a local authority under regulation 22(1) within the period mentioned in regulation 22(2)(a) or taken account of by the local authority under regulation 22(3), it must consider the application and any supporting evidence provided.
(2) Following its consideration the local authority must determine the review by—
(a)confirming the decision, or
(b)revising the decision in such manner as it considers appropriate.
(3) The local authority must give the applicant notice of its determination under paragraph (2).
(4) The notice must—
(a)state the reasons for the local authority’s determination,
(b)state that an appeal against that determination may be made to the sheriff within 21 days beginning with the date on which the notice is sent, or such longer period as the sheriff may allow,
(c)describe in general terms the manner and form for making an appeal,
(d)state that the sheriff has the power to make an award of expenses.
Appeals against determination of local authority
24.—(1) An applicant may by summary application appeal to the sheriff against a determination made by a local authority under regulation 23(2).
(2) On determining an appeal under this regulation, the sheriff may—
(a)dismiss the appeal, or
(b)allow the appeal and quash the determination under regulation 23(2) in whole or in part.
(3) Where the appeal is allowed, the sheriff must remit the case with the reasons for the sheriff’s decision to the local authority for reconsideration of the determination under regulation 23(2).
(4) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.
(5) A determination under regulation 23(2) which is the subject of an appeal under this regulation does not have effect until the date of final disposal of the appeal.