What can I do if my application is refused or suspended?
Within 28 days of the date of the decision to refuse an application, the applicant may require the licence authority to give the reasons for their decision.
The applicant may appeal to the sheriff against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The applicant may then appeal on a point of law from the Sheriff's decision to the Court of Session within 28 days from the date of the Sheriff's decision
Can I lodge an objection or representation to a licence?
Yes, objections or representations relating to a licence application may be made in writing to the Chief Executives - Legal Services, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD, within 21 days of notice of the licence application being given, stating:
- the grounds of the objection or nature of the representation
- the name and address of the person making the representation
A Chief Constable, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the Sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
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