By summary application, the Pursuer applied to the court to vary the decision of the Defenders purporting to grant him a taxi licence subject to the condition that he would use his licence for the operation of “a vehicle with European Whole Volume Tyre Approval” (EWVTA) so that, instead, he could use a vehicle without EWVTA. The Defenders had been operating a policy to the effect that all applicants for a new taxi licence would only be granted a licence if they agreed that the taxi t ...
|
The Defender had issued a firearms certificate to the Pursuer, subject to a condition that the rifles to which the certificate related had to be stored with a registered firearms dealer when not in use. The Pursuer had taken issue with this condition but the Defender had refused to remove it. By summary application, the Pursuer had appealed against that decision in terms of Section 44 of the Firearms Act 1968, as amended. The Sheriff had heard evidence and submissions. He ...
|
Late hours catering licence – Restriction of closing hours – Appeal under Civic Government (Scotland) Act 1982, Schedule 1, paragraph 18 – Sheriff’s entitlement to hear evidence The Pursuer held a late hours catering licence in relation to a premises in Kirkcaldy. In December 2006 Fife Constabulary applied to restrict the closing hours on a number of evenings on the basis that the Pursuer has been serving food outwith the relevant hours. A Committee of Fife Council ...
|
Summary Application - Civic Government (Scotland) Act 1982, as amended, Schedule 1, paragraph 18 - Appeal against Licencing Authority Decision - Licence for House of Multiple Occupancy In a Summary Application under paragraph 18 of Schedule 1 of the Civic Government (Scotland) Act 1982, as amended, the Applicant/Appellant appealed against the refusal of the Respondent’s Licensing Committee to grant a licence for use of premises in Dundee as a house of multiply occupancy (HMO). ...
|
Summary Application - Appeal -Suspension of off-sales Licence - Licensing (Scotland) Act 1976, Section 39 By Summary Application, the Pursuers/Appellants appealed against the Defenders/Respondents’ decision to suspend the Appellants’ off-sales licence for a premises in Glenrothes for a period of 3 months under section 31 of the Licensing (Scotland) act 1976. The suspension followed a complaint that sales of alcohol had been made to persons under the age of 16 from the premises. The Respond ...
|
Summary Application - Appeal against Decision of Licencing Authority - Licence for House of Multiple Occupancy By Summary Application under paragraph 18 of Schedule 1 of the Civic Government (Scotland) Act 1982 as amended, the Pursuers/Appellants appealed against the refusal of the Defenders/Respondents’ licensing committee to grant a licence for use of a property as a house of multiple occupancy (HMO). The committee had refused the application on the basis that the property ...
|
This appeal related to three applications by the respondents to the appellants in respect of potential taxi licenses in terms of the Civic Government (Scotland) Act 1982 , following upon an application by the appellants to the sheriff in respect of an attempt to extend the time limit for consideration of the respondents' applications. The sheriff refused the applications as did the sheriff principal on appeal. The court here considered whetehr they were right to do so.
|
Appeal
This was an appeal by the landlord against the refusal by the East Fife Area Regulation Sub-Committee to grant her a licence to run her property at 8a Park Street, St Andrews as a house in multiple occupation for three people under the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 The appeal proceeded under Schedule 1, paragraph 18 of the Civic Government (Scotland) Act 1982 as amended. The view of the committee was that the social amenity and char ...
|
Appeal Under the Civic Government (Scotland) Act 1
This was an appeal by Dundee City Council against an interlocutor of the sheriff at Dundee dated 17 May 2005, reversing the decision of the Council's Licensing Committee dated 2 December 2004 suspending the respondent's taxi driver's licence for its unexpired period which was due to end on 31 May 2005. It was argued on behalf of the appellants that it was in the discretion of the Committee to proceed on any type of material which had a bearing on the question they had to decide. The assessment o ...
|
In this case the pursuers were the applicants for a new gaming licence for premises at 121/125 Fountainbridge, Edinburgh submitted under the Gaming Act 1968. The defenders were the City of Edinburgh Licensing Board, who refused the application on 26 June 2006. The pursuers appealed against that decision under s.39 of the Licensing (Scotland) Act 1976. Gala Maybury Casino entered the process as objectors.
|
| 1 2 |