Licensing Act 2003

Personal licences E+W

17 (1) Where a licensing authority— E+W

(a) rejects an application for the grant of a personal licence under section 120, or

(b) rejects an application for the renewal of a personal licence under section 121,

the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under section 120(7), the chief officer of police who gave the objection notice (within the meaning of section 120(5)) may appeal against that decision.

(3) Where a licensing authority grants an application for the renewal of a personal licence under section 121(6), the chief officer of police who gave the objection notice (within the meaning of section 121(3)) may appeal against that decision.

(4) Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.

(5) Where in a case to which section 124 (convictions coming to light after grant or renewal) applies—

(a) the chief officer of police for the licensing authority’s area gives a notice under subsection (3) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the chief officer of police may appeal against the decision.

(6) An appeal under this paragraph must be made to [F1 a magistrates' court].

(7) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F2 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(8) On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal licence is to be the respondent in addition to the licensing authority.

(9) Sub-paragraph (10) applies where the holder of a personal licence gives notice of appeal against a decision of a licensing authority to refuse to renew it.

(10) The relevant licensing authority, or the magistrates' court to which the appeal has been made, may, on such conditions as it thinks fit—

(a) order that the licence is to continue in force until the relevant time, if it would otherwise cease to have effect before that time, or

(b) where the licence has already ceased to have effect, order its reinstatement until the relevant time.

(11) In sub-paragraph (10) “the relevant time” means—

(a) the time the appeal is dismissed or abandoned, or

(b) where the appeal is allowed, the time the licence is renewed.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 5 para. 17(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(i)

F2 Words in Sch. 5 para. 17(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(ii)

Commencement Information

I1 Sch. 5 para. 17 wholly in force at 24.11.2005; Sch. 5 para. 17 not in force at Royal Assent, see s. 201; Sch. 5 para. 17(1)(a)(2)-(8)(11) in force at 7.2.2005 by S.I. 2004/2360, art. 2 (Sch.); Sch. 5 para. 17(1)(b)(9)(10) in force at 24.11.2005 by S.I. 2005/3056, art. 2, (with Sch.)