Part 9Miscellaneous and general
Appeals
C1I1131Appeals
1
A decision of a Licensing Board specified in the left-hand column of schedule 5 may be appealed by the person specified in the right-hand column of that schedule.
2
An appeal under this section is to be made F1... to—
a
where the decision appealed is specified in Part 1 of schedule 5, the sheriff principal, or
b
where the decision appealed is specified in Part 2 of that schedule, the sheriff,
of the appropriate sheriffdom.
3
The grounds on which a Licensing Board's decision may be appealed under this section are—
a
that, in reaching the decision, the Licensing Board—
i
erred in law,
ii
based their decision on an incorrect material fact,
iii
acted contrary to natural justice, or
iv
exercised their discretion in an unreasonable manner, or
b
where the decision is to take any of the steps mentioned in subsection (4), that the step taken is disproportionate in all the circumstances.
4
Those steps are—
a
at a review hearing in respect of a premise licence—
i
issuing a written warning to the licence holder,
ii
revoking or suspending the licence, or
iii
making a variation of the licence, or
b
making an order revoking, suspending or endorsing a personal licence.
5
Where the sheriff principal or, as the case may be, sheriff upholds an appeal against a Licensing Board's decision under this section, the sheriff principal or sheriff may—
a
remit the case back to the Licensing Board for reconsideration of the decision,
b
reverse the decision, or
c
make, in substitution for the decision, such other decision as the sheriff principal or sheriff considers appropriate, being a decision of such nature as the Licensing Board could have made.
6
In this section, “the appropriate sheriffdom” means the sheriffdom in which the principal office of the Licensing Board whose decision is being appealed is situated.