The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

PART 5 Appeals

Appeals

27.—(1) Any applicant or operator who is aggrieved by a decision by a licensing authority—

(a) to refuse to grant or renew a licence,

(b) to attach a licence condition to a licence under regulation 6(5), or

(c) to revoke or vary a licence,

may appeal to the sheriff.

(2) The period within which a person may bring such an appeal is 28 days beginning with the day following the date of service of the relevant notice of the decision in accordance with these Regulations.

(3) The sheriff may on application and until the appeal is determined or withdrawn—

(a) in the case of a decision to refuse to renew a licence, permit a licence holder to continue to carry on a licensable activity or any part of it subject to the licence conditions,

(b) in the case of a decision to attach a condition to a licence under regulation 6(5), to permit a licence holder to carry on a licensable activity or any part of it without complying in whole or in part with the imposed licence condition, or

(c) suspend a revocation or variation under regulation 17.

(4) On appeal, the sheriff may overturn or confirm the licensing authority’s decision, with or without modification.