Explanatory Notes

Licensing (Scotland) Act 2005

2005 asp 16

21 December 2005

Commentary on Parts

Part 9 – Miscellaneous and General

Section 131 – Appeals

268.This section provides that any decision of a Licensing Board specified in schedule 5 of this Act may be appealed against by way of stated case to either the sheriff or the sheriff principal, as appropriate.

269.Subsection (2) sets out the circumstances in which cases will be determined by either the sheriff or the sheriff principal.

270.Subsection (3) establishes the grounds on which appeals could be made.

271.Subsection (5) sets out the powers of the sheriff or sheriff principal where an appeal made under this section is upheld.