PART 5

Appeals

Appeals
27
1
Any applicant or operator who is aggrieved by a decision by a licensing authority—
a
to refuse to grant or renew a licence,
b
to attach a licence condition to a licence under regulation 6(5), or
c
to revoke or vary a licence,
may appeal to the sheriff.
2
The period within which a person may bring such an appeal is 28 days beginning with the day following the date of service of the relevant notice of the decision in accordance with these Regulations.
3
The sheriff may on application and until the appeal is determined or withdrawn—
a
in the case of a decision to refuse to renew a licence, permit a licence holder to continue to carry on a licensable activity or any part of it subject to the licence conditions,
b
in the case of a decision to attach a condition to a licence under regulation 6(5), to permit a licence holder to carry on a licensable activity or any part of it without complying in whole or in part with the imposed licence condition, or
c
suspend a revocation or variation under regulation 17.
4
On appeal, the sheriff may overturn or confirm the licensing authority’s decision, with or without modification.