The Club Gaming and Club Machine Permits (Scotland) Regulations 2007

Appeal

21.—(1) Where a Licensing Board rejects an application for the issue or renewal of a permit, the applicant may appeal.

(2) Where a Licensing Board grants an application for the issue or renewal of a permit in relation to which an objection was made under regulation 8, the person who made the objection may appeal.

(3) Where a Licensing Board cancels a permit, the holder may appeal.

(4) An appeal under this regulation must be instituted–

(a) before a sheriff within whose sheriffdom the premises to which the appeal relates are wholly or partly situated, and

(b) within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.

(5) On an appeal the sheriff may–

(a) dismiss the appeal,

(b) substitute for the decision appealed against any decision that the Licensing Board could have made,

(c) restore a permit (with effect from such date and on such transitional or other terms as the sheriff may specify),

(d) remit the case to the Licensing Board to decide in accordance with a direction of the sheriff,

(e) make an order about expenses.

(6) Paragraphs (1) to (3) apply to a decision of a Licensing Board following remittal under paragraph (5)(d).