This was an appeal against a Sheriff’s decision in a summary application regarding LGV driver licensing. The original application was lodged by Martin Smith, appealing against the Deputy Traffic Commissioner’s previous decision to revoke his LGV driver's licence and disqualify him from holding or obtaining such a licence for 3 years. On 3 March 2011, the Sheriff quashed that decision in so far as it related to a 3 year disqualification period, and disqualified Smith for 12 months, finding the ...
|
In this appeal, the Sheriff at Kirkcaldy had allowed an appeal by the respondent, against the appellant’s refusal to renew his taxi driver’s licence. Renewal of the licence had been refused following the respondent’s three convictions for driving offences, with the committee deeming him no longer a fit and proper person to hold the licence (Civic Government (Scotland) Act 1982, Sch 1, para 5(3)(a)(ii)). Before the Sheriff, the respondent had relied on a préci ...
|
Appeal case concerning Brightcrew’s application for a premises licence in respect of an adult entertainment venue known as “Spearmint Rhino” on Drury Street in Glasgow. The City of Glasgow Licensing Board (the Board) refused Brightcrew’s application on the basis that the Board considered the granting of the licence would be contrary to two of the licensing objectives contained in the Licensing (Scotland) Act 2005[1]. Specifically, it was considered contrary to ‘ ...
|
Parties and Background This was an appeal against a decision of Glasgow City Council’s Licensing Committee. The appellant had been granted a private hire taxi driver licence on 29th January 2009. On 12th January 2011 the Licensing Committee refused to renew his taxi licence on the grounds that he was not a fit and proper person to hold such a licence. The appellant had listed three previous convictions on his application, two of which were traffic offences for which he received a tot ...
|
In this action, the appellant appealed against the interlocutor of the Sheriff, whereby his appeal against a decision of the respondents to refuse to renew his taxi driver’s licence was refused. The court heard that the appellant had been convicted of offences under the Road Traffic Act 1988 and in 2007, had consequently been banned from driving for one year. Upon successful completion of a rehabilitation course, the appellant applied and was granted the restoration of his driving licence ...
|
This was an appeal under the Civic Government (Scotland) Act 1982 against a local authority’s refusal to grant a house in multiple occupation licence in terms of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000, on the grounds that the applicant was not a fit and proper person to be the licence holder.The pursuers jointly owned a property which the first pursuer leased without an HMO licence to six students, claiming he could rely on the exemption ...
|
Parties and Background: The defender was Orkney Islands Council, who’s Licensing Sub-Committee was responsible for the issue of taxi licenses in the local authority area. The pursuer was appealing against the defender’s decision not to renew two previously held licences and to deny new licences for three other vehicles. Parties’ Submissions: First, the pursuer submitted that, under Paragraph 18(7) of Schedule 1 to the Civic Government (Scotland) Act 1982, the defender had ...
|
The defender was the Secure Industry Authority (SIA), a statutory body responsible for the licensing of those operating in the security industry. The pursuer was one of five security industry workers, all associated with Ruchill Security Ltd., who previously held licences issued by the defender. All five were appealing the revocation of their security licenses by the SIA. The decision to suspend and revoke the licences was based on information contained in two letters sent to the SIA by St ...
|
In this appeal, the appellants disputed a decision taken by the Western Isles Licensing Board to refuse an application by the Secretary of the Stornoway Golf Club for a variation of a premises licence which they had issued to the club on 1 September 2009. The variation sought to increase services to members on Sundays by providing meals, snacks and opportunities to watch televised sport. The variation was not intended to allow the sale of alcohol to the general public, as the club permitted only ...
|
In this appeal against a decision of the Dundee City Licensing Board, the appellants submitted that the Board’s decision of 18 March 2010 to issue them with a written warning in terms of section 39(2) of the Licensing (Scotland) Act 2005 should reversed. The warning was issued following a review of the appellants' premises licence for the Nether Inn, Dundee when the Licensing Board found that there had been a breach of one of the mandatory conditions of the licence, under paragraph 7 ...
|
| 1 2 3 |