Betting, Gaming and Lotteries Act 1963

Appeals against refusals in England E+W+S

21 (1) Where an appropriate authority in England refuse an application for the grant or renewal of a bookmaker’s permit, betting agency permit or betting office licence, they shall forthwith notify the applicant of the refusal, and within [F1 twenty-one days] of being so notified the applicant may by notice to the [F2 proper officer of] the authority appeal against the refusal to [F3 the Crown Court]. E+W+S

(2) As soon as practicable after receiving notice of appeal against the refusal, the [F2 proper officer of] the authority shall send the notice to [F4 the appropriate officer of the Crown Court] together with a statement of the decision from which the appeal is brought and of the name and last known residence or place of business of the appellant and of any person who opposed the application before the authority.

(3) On receipt of the notice of appeal, [F4 the appropriate officer of the Crown Court] shall enter the appeal and give in writing not less than seven days notice to the appellant, to the appropriate officer of police and to any person who opposed the application before the authority and, if the appeal relates to a betting office licence, to the authority, of the date, time and place appointed for the hearing of the appeal.

(4) [F3 The Crown Court] may by its order either—

(a) confirm the refusal; or

(b) on payment by the appellant to [F4 the appropriate officer of the Crown Court] for transmission to the [F2 proper officer of] the appropriate authority of the appropriate fee under paragraph 20 of this Schedule, grant or renew the permit or licence in the same way as the appropriate authority could have done;

and the judgment of [F3 the Crown Court]on the appeal shall be final.

(5) A justice shall not act in the hearing or determination of an appealunder this paragraph from any decision in which he took part.

(6) For the purposes of paragraphs 10, 33 and 34 of this Schedule, the grant or renewal of a permit or licence by [F3 the Crown Court] under this paragraph shall be treated as if it were a grant or renewal by the appropriate authority who refused it.

Textual Amendments

F1 Words stand in the text by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

F2 Words in Sch. 1 para. 21(1)(2)(4)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F3 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

F4 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

Modifications etc. (not altering text)

C1 Para. 21(3) amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

C2 The text of Sch. 1 para. 21(5), now spent, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 1 para. 22 repealed by S.I. 1971/1292

23 (1) Where, in the case of an appeal under paragraph 21 of this Schedule with respect to a betting office licence, [F6 the Crown Court]— E+W+S

(a) has allowed the appeal; or

(b) has awarded the appropriate authority any costs under paragraph 22 of this Schedule and is satisfied that the appropriate authority cannot recover those costs,

the court shall order payment out of [F7 central funds] of such sums as appear to the court sufficient to indemnify the appropriate authority from all costs and charges whatever to which they have been put in consequence of the appellant’s having served notice of appeal.

(2)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F6 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

F7 Words substituted by Courts Act 1971 (c. 23), Sch. 6 para. 6

F8 Sch. 1 para. 23(2)– (4) repealed by the Courts Act 1971 (c. 23), Sch. 11 Pt. III