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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

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PART VIILICENSING (SCOTLAND) ACT 1976

Interpretation and application

3.7.1—(1) In this Part, “the Act” means the Licensing (Scotland) Act 1976(1).

(2) This Part applies to appeals under section 39 of the Act(2).

Service

3.7.2  The appellant shall serve a copy of the initial writ on–

(a)the clerk to the licensing board and the chief constable;

(b)if he was the applicant at the hearing before the licensing board, upon all parties who appeared at the hearing; and

(c)if he was an objector at the hearing, upon the applicant.

Statement of reasons of licensing board

3.7.3—(1) Where the appellant has received from the licensing board a statement of reasons for its decision, he shall lodge a copy thereof with the sheriff clerk along with the initial writ.

(2) The sheriff may, at any time prior to pronouncing a final interlocutor, require the licensing board to state the ground of refusal of an application and to give their reasons for finding such ground to be established.

(2)

Section 39 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 11.

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