Within 28 days of the date of the decision to refuse their application, the applicant may require the licence authority to give the reasons for their decision.
The applicant may appeal to the sheriff against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The applicant may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff's decision. Please contact your Local Authority in the first instance.