PART 5Appeals

Appeals27

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The sheriff may on application and until the appeal is determined or withdrawn—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.