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5Night café licensing

As from the appointed day in a borough section 14 (Appeals) of the Act of 1990 is hereby amended—

(1)by the substitution for subsection (1) of—

(1)Any of the following persons, that is to say:—

(a)an applicant for the grant, renewal or transfer of a night café licence whose application is refused;

(b)an applicant for the grant, renewal or transfer of a night café licence who is aggrieved by any term, condition or restriction on or subject to which the night café licence is granted, renewed or transferred;

(c)an applicant for the variation of the terms, conditions or restrictions on or subject to which a night café licence is held whose application is refused;

(d)an applicant for the variation of the terms, conditions or restrictions on or subject to which a night café licence is held who is aggrieved by any term, condition or restriction contained in a further variation made consequent on the variation applied for;

(e)the holder of a night café licence which is revoked under section 15 (Enforcement) of this Act;

may at any time before the expiration of the period of 21 days beginning with the relevant date appeal to the magistrates' court acting for the petty sessions area in which the premises are situated by way of complaint for an order.;

(2)by the substitution for subsections (7) and (8) of—

(7)Where the holder of a night café licence makes an application under section 12 (Variation of night café licences) of this Act and the borough council make the variation applied for together with a further variation, then the night café licence shall continue as it was before the application—

(a)until the time for bringing an appeal under this section against any term, condition or restriction contained in the further variation has expired; and

(b)where any such appeal is brought, until the determination or abandonment of the appeal..