Appeals and objections to a licence application

If you would like to lodge an objection or representation  in respect of licence applications or seek an appeal of the authority’s decision, there are some rules you need to follow.

Objections and representations

Objections or representations can be lodge by:

Objections and representations lodged by a member of the public

As a member of the public you can make an objection or representation to a licence application by emailing licensing@aberdeenshire.gov.uk or in writing to:

Head of Legal and Governance
C/o Licensing
Viewmount
Arduthie Road
Stonehaven

Objections or representations need to be made within 28 days from the date the public notice relating to the application was published.

The objection or representation lodged has to:

  • Specify the grounds of the objection or representation
  • Specify your name and address
  • Be signed by you or your behalf   

The licensing authority may entertain a late objection or representation if this is received by them prior to the final decision being taken in respect of the application. This will only happen if they are satisfied that there is sufficient reason for the late submission. As a result, if you make an objection or representation after the deadline, you need to explain why the submission is late.

We will send a copy of any relevant objections or representations that we receive to the person applying for the licence.

We might also invite you to the determination hearing to present your case or provide further information about your objection or representation.

All relevant objections or representations which have been received in respect of an application will be considered as part of the decision making process.

Objections and representations lodged by notified parties

On receiving an application the licensing authority must notify several parties of this including:

  • The chief constable
  • Any enforcing authorities (if appropriate)
  • The Scottish Fire and Rescue Service (if appropriate)

These parties can also lodge an objection or representation.

The objections and representations have to be made within 28 days from the date of the application.

These will be handled in a similar way to an objection received by a member of the public. However due to the nature of the representations which may be made, it is likely that additional measures will need to be put in place to ensure confidentiality.

Appeals

You can appeal if:

Refused or suspended applications

As an applicant you may appeal to the Sherriff against the decision.

The appeal should be lodged with the Court within 28 days of you being notified of the licensing authority’s decision. However, the right of appeal is only available if you have exhausted all available procedures in terms of stating your case to the licensing authority.

Your appeal will only be successful if the Sheriff considers that while the licensing authority was making a decision, they:

  • erred in law
  • based their decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised their discretion in an unreasonable manner

If on receiving the decision of the Sheriff you are still not satisfied, you may make a further appeal on a point of law to the Court of Session within 28 days of receiving the Sheriff’s decision.

Appealing to decision to grant a licence

If you have lodged a relevant objection or representation in respect of an application which has been granted and you wish to appeal this decision, you can appeal to the Sheriff Court in the same way as that of an aggrieved applicant.

Your appeal will be considered on the same basis and therefore will only be successful if one of the grounds listed has been deemed to apply in terms of the licensing authority’s decision.

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