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Private Places of Entertainment (Licensing) Act 1967

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This is the original version (as it was originally enacted).

5Appeals.

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

(a)an applicant for the grant, renewal or transfer of a licence under this Act in respect of any premises whose application is refused;

(b)the holder of any such licence as aforesaid whose licence is revoked or who is aggrieved by any terms, conditions or restrictions on or subject to which such a licence is granted,

may appeal to the appropriate court at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application, the revocation of his licence or the terms, conditions or restrictions in question, as the case may be.

(2)Where the decision against which an appeal is brought under subsection (1) of this section is that of a local authority, the appropriate court for the purposes of that subsection shall be a magistrates' court acting for the petty sessions area in which the premises in question are situated; and the court may make such order as it thinks fit and, subject to the next following subsection, that order shall be binding on the local authority.

(3)Any person aggrieved by the order of a magistrates' court on such an appeal as aforesaid may appeal therefrom to a court of quarter sessions.

(4)Where the decision against which an appeal is brought under subsection (1) of this section is that of any justices, the appropriate court for the purposes of that subsection shall be a court of quarter sessions; and section 31 of the Summary Jurisdiction Act 1879 (appeals to quarter sessions from courts of summary jurisdiction) shall, with the necessary modifications, apply in relation to any appeal by virtue of this subsection as if the decision against which the appeal is brought were an order of a court of summary jurisdiction.

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

(a)during any period within which an appeal under this section may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the licensing authority.

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