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Licensing
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By Stephen Moore on 06/08/2009 15:44
Attached are two documents supplied by Janet Hood of BII Scotland:   In order to operate premises after 1 September 2009 a premises manager has to be named on the premises licence.  A premises manager can only manage one premises.   If this of interest please see first document.   If you are interested in when occasional licences can be used, please see the second document.   All queries should be directed to:   Janet Hood LLB Dip LP ABII Head o ...
By Euan A. Dow on 29/05/2009 04:22
Appeal from Sheriff Court:- The respondent, Thomas Sneddon, operated as a taxi driver from Glasgow International Airport. The appellants' licensing area is sub-divided into three district areas, Paisley, Johnstone and Erskine. The respondent was licensed to operate within the Erskine District area, which includes the airport. The respondent's taxi licence was issued by the appellants' Regulatory Functions Board under sections 2 and 10 of the Civic Government (Scotland) Act 1982. In terms of the ...
By Catherine Hart on 28/05/2008 19:44
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 ...
By Catherine Hart on 28/05/2008 18:51
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 ...
By Catherine Hart on 05/03/2008 11:18
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 ...
By Catherine Hart on 25/11/2007 12:24
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). ...
By Euan A. Dow on 08/11/2007 17:12
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 ...
By Euan A. Dow on 08/11/2007 16:28
  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 ...
By Euan A. Dow on 23/03/2007 00:00
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.
By Euan A. Dow on 21/11/2006 00:00
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 ...
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