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Private Security Industry Act 2001

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This is the original version (as it was originally enacted).

11Appeals in licensing matters

This section has no associated Explanatory Notes

(1)Where—

(a)an application for a licence is refused,

(b)a licence is granted subject to conditions imposed under section 8(6), or

(c)a licence is modified or revoked,

the applicant or, as the case may be, the holder of the licence may appeal to the appropriate magistrates' court against the Authority’s decision to refuse to grant the licence, to impose those conditions or, as the case may be, to modify or to revoke the licence.

(2)An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.

(3)For the purposes of subsection (1) the appropriate magistrates' court is the magistrates' court for the petty sessions area in which is situated, as the case may be—

(a)the address for the appellant that has been supplied for the purpose of being recorded (if a licence is granted) in the register maintained under section 12; or

(b)the address for the appellant that is for the time being recorded in that register.

(4)Where a magistrates' court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.

(5)A court to which an appeal is brought under this section shall determine the appeal in accordance with the criteria for the time being applicable under section 7.

(6)Where an application for the grant of a licence by way of a renewal is refused or a licence is revoked, the licence to which the application or revocation relates shall be deemed to remain in force—

(a)for the period during which an appeal may be brought under subsection (1);

(b)for the period from the bringing of any such appeal until it is determined or abandoned;

(c)for the period from any determination on appeal that a licence should be granted until effect is given to that determination, or it is overturned on a further appeal;

(d)during any such period as the appropriate magistrates' court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates' court.

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