Sometimes the Licensing Board is asked to issue a statement of reasons explaining a decision, in addition to notifying affected parties.
Who can request a statement of reasons?
Statements of reasons can be requested by:
- licence applicants
- licence holders
- the police
- members of the public
Request conditions
Although members of the public can request a statement of reasons they must have:
(a) made an objection or representation to:
- the grant or refusal of a Premises Licence
- the grant or refusal of a 'major variation' of a Premises Licence
- some other decisions about a Premises Licence
- the grant or refusal of an Occasional Licence
(b) made a Review Application under Section 36.
We have to give the statement of reasons to everyone who had a right to be involved in the decision, even if they did not ask for one.
In most cases, statements of reasons are sent directly to the party requesting them. A copy is also sent to the other parties involved.
Please note: when many parties are involved we will publish the statement of reasons at the bottom of this page
Making an appeal
Some Board decisions can be appealed to Kilmarnock Sheriff Court. If you are thinking of an appeal you should take independent legal advice immediately. Do not wait until the Board has issued a statement of reasons, as there are strict time limits on appealing.
The rules about who can ask for a statement of reasons are different from the rules about who can appeal. Some people who can ask for a statement of reasons cannot appeal.
Current statements of reasons