10E+WWhere a licensing authority—
(a)rejects an application for a club premises certificate under section 72, or
(b)rejects (in whole or in part) an application to vary a club premises certificate under section 85,
the club that made the application may appeal against the decision.
Commencement Information
I1Sch. 5 para. 10(a) in force at 7.2.2005 and Sch. 5 para. 10(b) in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.
11(1)This paragraph applies where a licensing authority grants a club premises certificate under section 72.E+W
(2)The club holding the certificate may appeal against any decision—
(a)to impose conditions on the certificate under subsection (2) or (3)(b) of that section, or
(b)to take any step mentioned in subsection (4)(b) of that section (exclusion of qualifying club activity).
(3)Where a person who made relevant representations in relation to the application desires to contend—
(a)that the certificate ought not to have been granted, or
(b)that, on granting the certificate, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) of that section,
he may appeal against the decision.
(4)In sub-paragraph (3) “relevant representations” has the meaning given in section 72(7).
12(1)This paragraph applies where an application to vary a club premises certificate is granted (in whole or in part) under section 85.E+W
(2)The club may appeal against any decision to modify the conditions of the certificate under subsection (3)(b) of that section.
(3)Where a person who made relevant representations in relation to the application desires to contend—
(a)that any variation ought not to have been made, or
(b)that, when varying the certificate, the licensing authority ought not to have modified the conditions of the certificate, or ought to have modified them in a different way, under subsection (3)(b) of that section,
he may appeal against the decision.
(4)In sub-paragraph (3) “relevant representations” has the meaning given in section 85(5).
Commencement Information
I2Sch. 5 para. 12 in force for certain purposes at 7.2.2005 and otherwise at 7.8.2005 by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.
Valid from 24/11/2005
13(1)This paragraph applies where an application for a review of a club premises certificate is decided under section 88.E+W
(2)An appeal may be made against that decision by—
(a)the applicant for the review,
(b)the club that holds or held the club premises certificate, or
(c)any other person who made relevant representations in relation to the application.
(3)In sub-paragraph (2) “relevant representations” has the meaning given in section 88(7).
Valid from 24/11/2005
14E+WWhere the relevant licensing authority gives notice withdrawing a club premises certificate under section 90, the club which holds or held the certificate may appeal against the decision to withdraw it.
15(1)An appeal under this Part must be made to the magistrates' court for the petty sessions area (or any such area) in which the premises concerned are situated.
(2)An appeal under this Part must be commenced by notice of appeal given by the appellant to the justices' chief executive 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.
(3)On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that holds or held the club premises certificate is to be the respondent in addition to the licensing authority.