SCHEDULES

SCHEDULE 2Grant, Renewal, Cancellation and Transfer of Licences

Appeal in Scotland by applicant

33(1)Where on an application under this Schedule to a licensing authority in Scotland the authority refuse to grant or renew a licence, or impose restrictions under paragraph 24 or paragraph 25 of this Schedule, the clerk to the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and the applicant may, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by Act of Sederunt, appeal against the decision to the sheriff having jurisdiction in the authority's area.

(2)The sheriff may allow or dismiss the appeal, or reverse or vary any part of the decision of the licensing authority, whether the appeal relates to that part of it or not, and may deal with the application as if it had been made to the sheriff in the first instance.

(3)The decision of the sheriff on the appeal shall be final and may include such order as to the expenses of the appeal as he thinks proper.