Modifications etc. (not altering text)
C1Sch. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch.1
17(1)Any of the following persons, that is to say—E+W
(a)an applicant for the grant, renewal or transfer of an entertainments licence in respect of any place whose application is refused;
(b)an applicant for the variation of the terms, conditions or restrictions on or subject to which any such licence is held whose application is refused;
(c)a holder of any such licence who is aggrieved by any term, condition or restriction on or subject to which the licence is held; or
(d)a holder of any such licence whose licence is revoked under paragraph [F111A or] 12(4) above,
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 place is situated.
(2)In this paragraph “the relevant date” means the date on which the person in question is notified of the refusal of his application, the imposition of the term, condition or restriction by which he is aggrieved or the revocation of his licence, as the case may be [F2; but in a case where a decision is made under paragraph 6A(5) or 11A(4) above means the date on which the person in question is notified of the decision.]
(3)An appeal against the decision of a magistrates’ court under this paragraph [F3or under paragraph 12(5) above] may be brought to the Crown Court.
(4)On an appeal to the magistrates’ court or the Crown Court under this paragraph the court may make such order as it thinks fit.
(5)Subject to sub-paragraphs (6) to (9) below, it shall be the duty of the appropriate authority to give effect to an order of the magistrates’ court or the Crown Court.
(6)The appropriate authority need not give effect to the order of the magistrates’ court until the time for bringing an appeal under sub-paragraph (3) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.
(7)Where any entertainments licence is revoked under paragraph 12(4) above or an application for the renewal of such a licence is [F4refused otherwise than on the ground specified in paragraph 6A(2) above,] the licence shall be deemed to remain in force—
(a)until the time for bringing an appeal under this paragraph has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal; and
(b)where an appeal relating to the refusal of an application for such a renewal is successful and no further appeal is available, until the licence is renewed by the appropriate authority.
[F5(7A)A court which revokes an entertainments licence under paragraph 12(5) above may, if in the particular circumstances it would be unfair not to do so, order that the licence shall remain in force—
(a)until the time for bringing an appeal against the revocation has expired; and
(b)if such an appeal is duly brought, until the determination or abandonment of the appeal.]
(8)Where—
(a)the holder of an entertainments licence makes an application under paragraph 16 above; and
(b)the appropriate authority impose any term, condition or restriction other than one specified in the application,
the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired.
(9)Where an appeal is brought under this paragraph against the imposition of any such term, condition or restriction, the licence shall be deemed to be free of the term, condition or restriction until the determination or abandonment of the appeal.
Textual Amendments
F1Words in Sch. 1 para. 17(1)(d) inserted (1.5.1998) by 1997 c. 49, s. 1(6)(a); S.I. 1998/1009, art. 2
F2Words in Sch. 1 para. 17(2) inserted (1.5.1998) by 1997 c. 49, s. 1(6)(b); S.I. 1998/1009, art. 2
F3Words in Sch. 1 para. 17(3) inserted (1.5.1998) by 1997 c. 49, s. 1(6)(c); S.I. 1998/1009, art. 2
F4Words in Sch. 1 para. 17(7) substituted (1.5.1998) by 1997 c. 49, s. 1(6)(d); S.I. 1998/1009, art. 2
F5Sch. 1 para. 17(7A) inserted (1.5.1998) by 1997 c. 49, s. 1(6)(e); S.I. 1998/1009, art. 2