Section 11: Appeals in licensing matters
43.Subsection (1) provides an avenue of appeal to the appropriate magistrates’ court against a decision of the Authority to refuse to grant a licence, a decision to modify or revoke a licence or a decision to impose conditions upon the grant of a licence. Either the Authority or the original appellant may bring a further appeal to the Crown Court against the decision of the magistrates’ court (subsection (4)). The appropriate magistrates’ court in which any appeal is to be launched is, by virtue of subsection (3), the court for the petty sessions area for the address in respect of which the appellant is or would be recorded in the register of licence holders created by Section 12. Appeals must be brought within 21 days of notification of the Authority’s decision (subsection (2)), and the courts must (by virtue of subsection (5)) decide the appeal on the basis of the criteria applied by virtue of Section 7. Subsection (6) provides that, where a licence renewal is refused or a licence is revoked, the licence shall nonetheless remain in force for specified periods of time relating to the lodging, deciding and effect of the appeals processes.
