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City of Westminster Act 1996

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5Appeals

(1)Any person—

(a)upon whom a closure notice has been served under subsection (2) of section 3 (Closure notice) of this Act and in respect of which closure notice a closure order has been made; or

(b)having an interest in the premises in respect of which a closure order has been made but on whom a closure notice was not served;

may at any time before the expiration of the period of 21 days beginning with the date on which the closure order was served appeal to the Crown Court.

(2)An appeal under subsection (1) above may be brought on one or both of the following grounds:—

(a)the person on whom the closure notice was served was not at the time at which it was served such a person as described in subsection (2) of the said section 3; or

(b)the premises in respect of which the closure order was made were not being used as a sex establishment in breach of Schedule 3 at the time at which the closure notice was served.

(3)On an appeal 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.

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