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Licensing Act 2003

Schedule 5 – Appeals

307.This Schedule provides for decisions made by a licensing authority to be subject to appeal to a magistrates’ court by any party involved in the decision – applicants, responsible authorities and interested parties. So, an applicant for a premises licence may appeal to the magistrates’ court against the inclusion in the licence by the licensing authority of conditions that the applicant sees as unreasonably restrictive. At the same time, the police, for example, or a local resident would have a right of appeal against conditions that appeared to them to fail to promote the licensing objectives.

308.Part 1 of this Schedule sets out the appeals process with regard to premises licences.

  • Applicants may appeal to the magistrates court if the licensing authority has rejected their application for a premises licence, for a variation of a premises licence, for the variation of a designated premises supervisor or for a transfer of a licence.

  • If a licence is granted, the licence holder may appeal against the imposition of conditions on that licence, the exclusion of a licensable activity or refusal to specify an individual as supervisor.

  • Those who made relevant representations during the course of an application may appeal against the decision to grant a licence.

  • Applicants or any person who made a relevant representations may appeal against the decision to issue a provisional statement.

  • Where a licensing authority takes the step of modifying the conditions of the licence before granting a variation, the applicant may appeal. Any person who made relevant representations can appeal against the decision to vary the licence.

  • The chief officer of police who gave a notice may appeal against the grant of an application to specify an individual as a premises supervisor or against the decision to transfer a licence.

  • Where a licensing authority decides to cancel an interim authority notice following a notice from the chief officer of police, the person who gave the interim authority notice may appeal against the decision. Where the licensing authority does not cancel the interim authority notice following a notice from the police, the chief officer of police may appeal.

  • The decision in relation to a review of a premises licence may be brought to appeal by the applicant for the review; the premises licence holder or any one who made relevant representations.

309.Part 2 sets out the appeals procedure in relation to club premises certificates.

  • Clubs applying for a premises certificate or applying to vary a certificate may appeal against the decision by the licensing authority to reject the application.

  • If a certificate is granted, the holding club may appeal against the imposition of conditions or the exclusion of a licensable activity.

  • Those who made relevant representations during the course of an application may appeal against the decision to grant a certificate.

  • Where a licensing authority takes the step of modifying the certificate before granting a variation, the club may appeal. Any person who made relevant representations can appeal against the decision to vary the certificate.

  • The decision in relation to a review of a club premises certificate may be brought to appeal by the applicant for the review, the certificate-holding club or anyone who made relevant representations.

310.Part 3 of this Schedule covers appeals in relation to temporary event notices, personal licences and closure orders.

  • In relation to temporary event notices, premises users may appeal against the decision by a licensing authority to give a counter notice.

  • Applicants for personal licences may appeal against the decision to reject an application for or application to renew a licence. Where the police lodged an objection notice to the grant or renewal of a personal licensing, and the licensing authority grants or renews the licence, the police may appeal.

  • Personal licence holders may appeal against revocation of that licence by the licensing authority. Where the police have given notice about relevant offences which come to light after the granting or renewal of a licence, and the licensing authority decide not to revoke the licence, the police may appeal against the decision.

  • The licence holder or any person who made representations on a review of a premises licence following a closure order may appeal against the outcome of the review.

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