(1)This section applies to any appeal which lies under this Act to a magistrates’ court against a decision of the [F1licensing authority], a constable or an authorised officer in relation to, or to an application for, a licence under this Act.
(2)If the [F1licensing authority] has exercised the power to delegate functions under section 24, such an appeal shall be heard by [F2a magistrates' court].
(3)Any such appeal shall be by way of complaint for an order and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.
(4)The time within which a person may bring such an appeal is 21 days from the date on which notice of the decision appealed against is served on him.
(5)In the case of a decision where an appeal lies, the notice of the decision shall state the right of appeal to a magistrates’ court and the time within which an appeal may be brought.
(6)An appeal against any decision of a magistrates’ court in pursuance of an appeal to which this section applies shall lie to the Crown Court at the instance of any party to the proceedings in the magistrates’ court.
(7)Where on appeal a court varies or reverses any decision of the [F1licensing authority], a constable or an authorised officer, the order of the court shall be given effect to by the [F1licensing authority] or, as the case may be, a constable or authorised officer.
[F3(8)On an appeal under this Act to the magistrates' court or the Crown Court, the court is not entitled to entertain any question as to whether—
(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or
(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.]
Textual Amendments
F1Words in s. 25 substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 2 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2
F2Words in s. 25(2) substituted (1.4.2005) by Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 54
F3S. 25(8) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 41; S.I. 2016/1037, reg. 5(i) (with reg. 6)
Marginal Citations