Paragraph 23

Scotland

(1)

A F1local 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—

(a)

to grant or renew a licence under this Schedule or to refuse to do so;

(b)

to revoke a licence under this Schedule or not to revoke it;

(c)

to consent or to refuse to consent to a material change in any premises, vehicle, vessel or stall;

(d)

to vary or to refuse to vary the terms of a licence under this Schedule.

(2)

Reasons for a decision referred to in sub-paragraph (1) above shall be given by the local authority on a request being made to the authority by a relevant person within F221 days of the date of the decision.

(3)

Nothing in this paragraph affects the power of the sheriff under paragraph 24 below to require a local authority to give reasons for a decision of the council—

(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 repre sentation (within the meaning of paragraph 3 above) in relation to the application to which the decision relates;

(b)

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

F3(i)

where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises, vehicle, vessel or stall to which the licence relates, the enforcing authority;

(ii)

where Part 3 of that Act does not so apply, the F4Scottish Fire and Rescue Service ; and

(c)

in respect of a decision specified in sub-paragraph (1)(b) above, any person who in pursuance of paragraph 13(5)(b) above was heard by the authority.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 23(1)-(3)(4)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(22)(n); S.I. 1996/323, art. 4(1)(c)
F2: Word in Sch. 2 para. 23(2) substituted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 178(3)(h), 206(1); S.S.I. 2010/413, art. 2, sch. (with sch.)
F3: Words in Sch. 2 para. 23(4)(b) inserted (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(7)(g)
F4: Words in Sch. 2 para. 23(4)(b)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(7); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)