[F1[F2(1)Any of the following persons, that is to say—
(a)an applicant for the grant, renewal or transfer of a licence under this Act in respect of any premises whose application is refused;
(b)an applicant for the variation of the terms, conditions or restrictions on or subject to which any such licence is held whose application is refused; or
(c)a holder of any such licence whose licence is revoked by the licensing authority under section 13(5) of this Act or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,
may at any time before the expiration of the period of twenty-one days beginning with the relevant date appeal to a magistrates’ court acting for the petty sessions area within which, or in Scotland to the sheriff within whose jurisdiction, the premises are situated; and the court or sheriff may make such order as it or he thinks fit and, subject to subsection (2) below, that order shall be binding on the licensing authority.
In this subsection “ the relevant date ” means the date on which the person in question is notified of the refusal of his application, the revocation of his licence or the imposition of the term, condition or restriction by which he is aggrieved, as the case may be.
(2)Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing subsection may appeal therefrom to [F3the Crown Court].
(3)Where a licence under this Act is revoked under section 13(5) of this Act or an application for the renewal of such a licence is refused, the licence shall be deemed to remain in force—
(a)during any period within which an appeal under this section may be brought and, if such an appeal is brought within the period for doing so, until the determination or abandonment of the appeal; and
(b)where an appeal under this section relating to such a refusal as aforesaid is successful and no further such appeal lies, until the licence is renewed by the licensing authority.
( 4 )In the case of an appeal in relation to an application of which, in accordance with paragraph 2(1) of Schedule 1 to this Act, notice was required to be given to a chief officer of police, notice of the appeal shall be given to that chief officer as well as to any other person to whom it is required to be given apart from this subsection.]]
Textual Amendments
F1Ss. 12-14 repealed (S.) (27.1.2021) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 74(3), 88(2); S.S.I. 2019/99, art. 2(2) (with art. 3)
F2Ss. 12-14 cease to have effect (E.W.) (24.11.2005) by virtue of Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 44(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F3Words substituted by Courts Act 1971 (c. 23), s. 56, Sch. 9 Pt. I
Modifications etc. (not altering text)
C1S. 14: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B13
C2S. 14(4) excluded (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order 2013 (S.S.I. 2013/121), arts. 1(1), 13