Who can appeal

If the Board grants a new licence, or a renewal of an existing licence is granted despite objections having been made, the objector can appeal to the Sheriff.

There is no right of appeal (in the 1976 Act) against the grant of a regular extension of opening hours.

If the objector does not attend the meeting of the Licensing Board or does not arrange to be represented at the meeting, s/he is not entitled to appeal.

Grounds for appealing

It is only possible to appeal on the grounds that the Licensing Board:

• made a legal error; or
• based its decision on, or took account of, material that was factually incorrect; or
• acted contrary to natural justice; or
• exercised its discretion unreasonably, which means it made a decision which no reasonable Board could have come to on the basis of the information available.

The objector can ask the Clerk of the Licensing Board for written reasons for the Board's decision within 48 hours of the meeting at which the decision was taken. He will write back to you with these within 21 days. Having the written reasons for the decision is important to assist the objector to determine whether there are grounds for appeal.

Procedure for appealing

The appeal must be lodged with the Sheriff in writing within 14 days of the relevant meeting of the Licensing Board or within 14 days of the objector having received the written reasons for the decision.

The Sheriff then hears both parties to the appeal and can either:

• uphold the decision of the Licensing Board; or
• reverse the decision of the Licensing Board with immediate effect; or
• refer the decision back to the Licensing board with specific instructions as to what it must do.

The Sheriff will also determine liability for expenses.