Articles & Commentary
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05
Sep
2013
2013
Licensing, Local Authority Objections And Compatibility With The ECHR
Is it unfair when a Licensing Board acting under the Licensing (Scotland) Act 1976 ( the Act ) determines an objection made by a local authority in relation to an application which is before it or a suspension complaint, where the objection or complaint is lodged by the same local authority from whom the members of the Board are drawn ? Equally what if a local authority makes an application to the Board to hold a licence and the application is granted? Does the Board act as a judge in its own cause? The same issues might also arise under the recently passed Licensing (Scotland) Act 2005.
This article was originally published in 2006.