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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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need help regarding my personal licence

Customer Question

need help regarding my personal licence
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Hi my name is ***** ***** I hold a personal license for my buisness which is a pub . Every 5 yrs to keep my license you need to do a refresher coarse which I did and I sent a copy to the license board now they have said that my license has been revoked because they never received it. If I don't have a license then I can't have my pub

Expert:  JGM replied 3 years ago.
Does the board now have a copy of the certificate?
Customer: replied 3 years ago.
The board are now saying that they don't have anything atall
Expert:  JGM replied 3 years ago.
Can you get them a copy of your certificate? They can't renew your licence without it. If you can't, you'll have to get a duplicate certificate and submit it. If it's too late to renew your licence and they've marked it as expired you'll have to apply for a new personal licence.
Always get proof of posting when dealing with a licence issue of any sort, or better still hand deliver and get a rcipt there and then.
Happy to discuss further.
Customer: replied 3 years ago.
So do you think I can do anything about this
Expert:  JGM replied 3 years ago.
In terms of section 87 of the 2005 Act, the licensing board has no alternative to revoke a licence where the certificate isn't produced. If you have proof of posting then they may be able to reinstate the licence on the basis that the date of delivery is the date of posting in Scots law.
However if you don't, unfortunately the Act doesn't provide for a right of appeal about this so you may have to reapply for your licence. See sections 131 and Schedule 5 of the Act of 2005.