Criminality, SIA Licensing Decisions and Court Appeals

We may refuse a licence or revoke/suspend a licence as a result of our criminality checks, or because of non-conviction information supplied by our enforcement partners. If the individual concerned disagrees with our actions they may exercise their right of appeal to a Magistrates' Court or Sheriff Court.

The table below shows the outcome of appeals against licensing decisions that were made on the basis of these criteria. It is updated every month and may not reflect the current position. Information presented is current as of 30 September 2014.

Result of Appeal Total This Financial Year
Withdrawn by Appellant 695 (22%) 13 (31%)
Conceded by the SIA 1,117 (36%) 20 (48%)
SIA Decision Upheld 1,066 (34%) 8 (19%)
Appeal Upheld 251 (8%) 1 (2%)
Total 3,129 (100%) 42 (100%)

Definitions:

  • Withdrawn by Appellant - The appellant lodges an appeal with a Magistrates’ Court or Sheriff Court, but withdraws their appeal before the hearing date. An example of where this might happen is when the appellant has sought legal advice and has decided not to pursue the appeal.
  • Conceded by the SIA - The main reason for us conceding an appeal is where it is the only option open to us where an applicant has not provided mitigation within 21 days, but subsequently provides acceptable mitigation too late for us to take action. In these circumstances, because we have no power to change our decision once it has been made we ask the court to grant the appeal and overturn our initial decision.
  • SIA Decision Upheld - The court decides in our favour and agrees that the appellant should not hold a licence.
  • Appeal Upheld - The court decides in the appellant's favour and orders us to grant/restore their licence.