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Street Trading Act (Northern Ireland) 2001

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This is the original version (as it was originally enacted).

Appeals

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13.—(1) A person aggrieved by a decision of a council—

(a)with respect to any condition specified in a street trading licence;

(b)to refuse, other than on any of the grounds specified in section 8, an application for a street trading licence;

(c)to grant an application for a street trading licence subject to any condition of a kind mentioned in subsection (2) of section 9;

(d)to revoke a street trading licence under section 10;

(e)to vary under subsection (1)(b) or (2) of section 11 the conditions specified in a street trading licence; or

(f)to refuse to vary under subsection (1)(a) of that section the conditions specified in a street trading licence;

may, at any time before the expiration of the period of 21 days from the date on which notice of the decision is given, appeal to a court of summary jurisdiction by notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(2) On an appeal under subsection (1), a court of summary jurisdiction may make such order as it considers appropriate and, subject to subsections (3) to (5), the council shall give effect to that order.

(3) Where a street trading licence is revoked under section 10(1) or an application for the renewal of such a licence is refused, the licence shall be deemed to remain in force—

(a)until the time for bringing an appeal under this section has expired;

(b)where an appeal is duly brought, until the determination or abandonment of the appeal;

(c)where an appeal relating to the refusal of an application for such a renewal is successful, until the licence is renewed by the council.

(4) Where the conditions of a licence are varied under section 11(1)(b), the variation shall be deemed not to have effect until the time for bringing an appeal under this section has expired.

(5) Where an appeal is brought under this section against such a variation, the variation shall be deemed not to have effect until the determination or abandonment of the appeal.

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