Civic Government (Scotland) Act 1982

Notification of the decisions and giving of reasons S

17 (1) A licensing authority shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule— S

(a) to grant or renew a licence or to refuse to do so;

(b) to consent or to refuse to consent to a material change in any premises, vehicle or vessel;

(c) to vary or refuse to vary the terms of a licence;

(d) in relation to paragraph 11 above—

[F1 (ai) to revoke a licence or to refuse to do so,]

(i) to suspend a licence or to refuse to do so;

(ii) as to the period of suspension;

(iii) ordering immediate suspension;

(e) to suspend a licence under paragraph 12 above or to refuse to do so.

(2) Reasons for a decision referred to in sub-paragraph (1) above shall be given by the licensing authority on a request being made to the authority by a relevant person within [F2 21] days of the date of the decision.

(3) Nothing in this paragraph affects the power of the sheriff under paragraph 18 below to require a licensing authority to give reasons for a decision of the authority—

(a) which is being appealed to the sheriff under that paragraph; and

(b) for which reasons have not been given under this paragraph.

(4) In this paragraph, “relevant person” means—

(a) in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application to which the decision relates;

(b) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above , the holder of the licence or the chief constable;

(c) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above which relates to an activity wholly or mainly carried on

[F3 (i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises] , the [F4 Scottish Fire and Rescue Service] ;

(d) in respect of a decision to consent or to refuse to consent to a material change

[F5 (i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises] , the [F6 Scottish Fire and Rescue Service] ; and

(e) in respect of a decision specified in sub-paragraph (1)(d) above, any person who, in pursuance of paragraph 11(7)(b) above, was heard by the licensing authority.

Textual Amendments

F1 Sch. 1 para. 17(1)(d)(ai) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(f), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F2 Word in Sch. 1 para. 17(2) substituted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 178(2)(i), 206(1); S.S.I. 2010/413, art. 2, sch. (with sch.)

F3 Words in Sch. 1 para. 17(4)(c) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(i)(i)

F4 Words in Sch. 1 para. 17(4)(c)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Words in Sch. 1 para. 17(4)(d) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(i)(ii)

F6 Words in Sch. 1 para. 17(4)(d)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)