F1C1C2Part 8Premises Licences

Annotations:
Amendments (Textual)
F1

Pt. 8 amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 54-66 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 11

Modifications etc. (not altering text)

Appeals

I1207Process

1

An appeal under section 206 in relation to premises must be instituted—

a

in the magistrates' court for a local justice area in which the premises are wholly or partly situated,

b

by notice of appeal given to the designated officer, and

c

within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.

2

Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).

3

On an appeal under section 206 the magistrates' court may—

a

dismiss the appeal;

b

substitute for the decision appealed against any decision that the licensing authority could have made;

c

remit the case to the licensing authority to decide in accordance with a direction of the court;

d

make an order about costs.

4

Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.

5

In relation to premises in Scotland—

a

subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

b

subsection (1)(b) shall not have effect,

c

the reference in subsection (3) to the magistrates' court shall have effect as a reference to the sheriff, and

d

the reference in subsection (3) to costs shall have effect as a reference to expenses.