HC Deb 28 July 1982 vol 28 cc1119-20

16B.—(1) A licensing authority shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—

  1. (a) to grant to renew a licence or to refuse to do so;
  2. (b) to consent or to refuse to consent to a material change in any premises, vehicle or vessel;
  3. (c) to vary or refuse to vary the terms of a licence;
  4. (d) in relation to paragraph 12 above—
    1. (i) to suspend a licence or to refuse to do so;
    2. (ii) as to the period of suspension;
    3. (iii) ordering immediate suspension:
  5. (e) to suspend a licence under paragraph 13 above or to refuse to do so.

(2) Reasons for a decision referred to in sub-paragraph (1) above shall be given by the licensing authority on a request being made to the authority by a relevant person within 28 days of the date of the decision.

(3) Nothing in this paragraph affects the power of the sheriff under paragraph 17 below to require a licensing authority to give reasons for a decision of the authority—

  1. (a) which is being appealed to the sheriff under that paragraph; and
  2. (b) for which reasons have not been given under this paragraph.

(4) In this paragraph, "relevant person" means—

  1. (a) in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 18 below) in relation to the application to which the decision relates;
  2. (b) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above, the holder of the licence or the chief constable;
  3. (c) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above which relates to an activity wholly or mainly carried on in premises, the fire authority;
  4. (d) in respect of a decision to consent or to refuse to consent to a material change in premises, the fire authority; and
  5. (e) in respect of a decision specified in sub-paragraph (1)(d) above, any person who, in pursuance of paragraph 12(6)(b) above, was heard by the licensing authority.'.

No. 29, in page 108, line 6, leave out `6, 11, 12 or 13' and insert `16B'.

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