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In this summary application the pursuer craves reversal of the decision by the Aberdeen City Council Licensing Committee to refuse the pursuer's application to them for renewal of a taxi driver's licence.
Schedule 1 to the Civic Government ( Scotland ) Act 1982 sets out procedural rules in respect of the licensing system. Section 18 of said schedule allows a disappointed applicant to appeal to the sheriff against any decision of the licensing authority by way of summary application.
In terms of sub-section 7 of Section 18, the sheriff may uphold an appeal only if he considers that the licensing authority in arriving at their decision (a) erred in law; (b) based their decision on any incorrect material fact; (c) acted contrary to natural justice or (d) exercised their discretion in an unreasonable manner.
In terms of sub-section 9 of Section 18, on upholding an appeal under this paragraph the sheriff may (a) remit the case for reconsideration to the licensing authority or reverse or modify the decision of the authority. In this case, the appellant seeks reversal and now relies only on grounds (c) and (d) above.
There was no dispute on the facts and no evidence was led. The appellant had exercised his right to seek a statement of reasons (cf Section 17) from the respondents and that was produced.
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