Appeals15
1
An applicant for a licence may appeal to the relevant national authority against the refusal of a licence and, subject to paragraph (2), for the purposes of this regulation a failure to issue a decision on an application within three months of the date on which the application was received by the licensing authority shall be treated as a refusal.
2
In respect of an application for the renewal of a licence to which the provisions of regulation 7(1) apply, a failure to issue a decision within 3 months of the date of expiry of the existing licence shall be treated as a refusal.
3
A licence-holder may appeal to the relevant national authority against—
a
any non-standard condition attached to a licence;
b
the revocation or variation of a licence; or
c
the refusal to vary a licence.
4
Before the determination of an appeal the relevant national authority shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and—
a
if both of them express a wish not to appear and be heard, the appeal may be determined without a hearing of the parties;
b
if either of the parties expresses a wish to appear and be heard, the relevant national authority shall afford to both of them an opportunity of so doing.
5
6
In determining an appeal the relevant national authority may make an order—
a
dismissing the appeal;
b
allowing the appeal; or
c
directing the licensing authority to reconsider any matter which is the subject of the appeal.
7
If the relevant national authority allows the appeal it shall direct the licensing authority—
a
where the appeal is against refusal of a licence, to grant a licence on the conditions specified in regulation 9(1) and on such other conditions relating to safety, if any, as may be specified in the direction;
b
where the appeal is against any non-standard condition attached to a licence, to remove the condition or vary it in the way specified in the direction;
c
where the appeal is against the revocation of a licence, to reinstate the licence with such variations, if any, as may be specified in the direction; or
d
where the appeal is against the variation of a licence or against the refusal to vary a licence, to reinstate the licence in the form in which it was before the variation or to vary the licence in the way specified in the direction.