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Mr Skinner, Advocate, instructed by Mr Cummins, Solicitor, Glasgow for the Appellants
FALKIRK 24 August 2010 The Sheriff Principal, having heard parties on the application of the Licensing Board to extend the period specified in rule 3.34.3(1) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999, refuses same; having heard parties on further procedure in the appeal, directs that the draft stated case shall be deemed to have been issued as at the date hereof.
[2] By an Act of Sederunt of 2008 (SSI 2008/9) such provision was made by inserting in the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (hereinafter referred to as "the 1999 Rules") a new part 34 which sets out a number of procedural rules for appeals under the 2005 Act.
[3] Rule 3.34.2 provides that an appeal under section 131 must be by note of appeal lodged with the relevant sheriff clerk not later than 14 days after the date of the decision of the Licensing Board or, where a statement of reasons has been required, the date of issue of the statement of reasons.
"The Licensing Board must, within 28 days of the lodging of a note of appeal, issue a draft case containing -
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