{
  "url": "https://openlegislation.uk/civic-government-scotland-act-1982/schedule-2/paragraph-23",
  "json_url": "https://openlegislation.uk/civic-government-scotland-act-1982/schedule-2/paragraph-23.json",
  "legislation": "ukpga/1982/45",
  "legislation_title": "Civic Government (Scotland) Act 1982",
  "legislation_url": "https://openlegislation.uk/civic-government-scotland-act-1982",
  "path": "schedule/2/paragraph/23",
  "kind": "paragraph",
  "number": "23",
  "heading": null,
  "text": "(1) A local 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—\n(a) to grant or renew a licence under this Schedule or to refuse to do so;\n(b) to revoke a licence under this Schedule or not to revoke it;\n(c) to consent or to refuse to consent to a material change in any premises, vehicle, vessel or stall;\n(d) to vary or to refuse to vary the terms of a licence under this Schedule.\n(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 21 days of the date of the decision.\n(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—\n(a) which is being appealed to the sheriff under that paragraph; and\n(b) for which reasons have not been given under this paragraph.\n(4) In this paragraph, “relevant person” means—\n(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;\n(b) in respect of a decision specified in sub-paragraph (1)(b) to (d) above, the holder of the licence, the chief constable or\n(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;\n(ii) where Part 3 of that Act does not so apply, the Scottish Fire and Rescue Service ; and\n(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.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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.)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "asp/2010/13",
      "affecting_title": "Criminal Justice and Licensing (Scotland) Act 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1982/45/schedule/2/paragraph/23",
    "retrieved_at": "2026-10-29T10:10:54.687186+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}