16(1)This paragraph applies where—E+W
(a)a [F1standard] temporary event notice is given under section 100, and
(b)a [F2relevant person] gives an objection notice in accordance with section 104(2).
(2)Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.
(3)Where that authority decides not to give such a counter notice, the [F3relevant person] may appeal against that decision.
(4)An appeal under this paragraph must be made to [F4a magistrates' court].
(5)An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F5designated 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.
(6)But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.
(7)On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.
(8)In this paragraph—
“objection notice” has the same meaning as in section 104; F6...
“relevant licensing authority” has the meaning given in section 99 [F7; and
“relevant person” has the meaning given in section 99A.]
Textual Amendments
F1Word in Sch. 5 para. 16(1)(a) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(12), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)
F2Words in Sch. 5 para. 16(1)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F3Words in Sch. 5 para. 16(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(b), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F4Words in s. 16(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)
F5Words in s. 16(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)
F6Word in Sch. 5 para. 16(8) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(c), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F7Words in Sch. 5 para. 16(8) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(d), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)