Section 39A Notification of determinationsF1

Scotland

(1)

Where a Licensing Board, at a review hearing—

(a)

decides to take one of the steps mentioned in section 39(2), F2...

(b)

decides not to take one of those stepsF3, or

(c)

decides to revoke a premises licence under section 39(2A),

the Board must give notice of the decision to each of the persons mentioned in subsection (2).

(2)

The persons referred to in subsection (1) are—

(a)

the holder of the premises licence, and

(b)

where the decision is taken in connection with a premises licence review application, the applicant.

(3)

Where subsection (1)(a) applies, the holder of the premises licence may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

(4)

Where—

(a)

subsection (1)(a) or (b) applies, and

(b)

the decision is taken in connection with a premises licence review application,

the applicant may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

(5)

Where the clerk of a Board receives a notice under subsection (3) or (4), the Board must issue a statement of the reasons for the decision to—

(a)

the person giving the notice, and

(b)

any other person to whom the Board gave notice under subsection (1).

(6)

A statement of reasons under subsection (5) must be issued—

(a)

by such time, and

(b)

in such form and manner,

as may be prescribed.

Annotations

Textual amendments

F1: S. 39A inserted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 182(2), 206(1); S.S.I. 2010/413, art. 2, Sch.
F2: Word in s. 39A(1) repealed (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(5)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F3: S. 39A(1)(c) and word inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(5)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)