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London Local Authorities Act 1995

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38Appeals under Part V

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

(a)an applicant for the grant or renewal of a registration whose application is refused;

(b)a holder of any such registration who is aggrieved by any term, condition or restriction on or subject to which the registration is held; or

(c)a holder of any such registration whose registration is revoked under section 36 (Revocation) 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 council’s offices concerned with registration are situated by way of complaint for an order.

(2)In this section “the relevant date” means either the date on which the person in question or his representative is informed orally of the refusal of his application, the imposition of the terms, conditions or restrictions by which he is aggrieved or the revocation of his registration, as the case may be, or 7 days after the date when such notification was posted to him by first class pre-paid letter, whichever is the earlier.

(3)An appeal by either party against the decision of the magistrates' court under this section may be brought to the Crown Court.

(4)On an appeal to the magistrates' court or to the Crown Court under this section the court may make such order as it thinks fit and it shall be the duty of the council to give effect to such order.

(5)Where any registration is revoked under section 36 (Revocation) of this Act or an application for the renewal of such a registration is refused, the registration shall be deemed to remain in force—

(a)until the time for bringing an appeal under this section has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal;

(b)where an appeal relating to the refusal of an application for such a renewal is successful until the licence is renewed by the council; and

(c)where any registration is renewed under section 32 (Power to register) of this Act and the council specify any term, condition or restriction which was not previously specified in relation to that licence or such a condition or restriction is imposed under section 32 (2) of this Act the registration shall be deemed to be free of it until the time for bringing an appeal under this section has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.

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