Sections 224 to 226: Counter-notices and dismissal of objections
555.Where:
an objection notice has been served;
modification has not removed the objection; and
either a hearing has taken place, or been dispensed with,
the licensing authority may determine that the temporary use notice should not have effect, or should only have effect with modifications. The principles it must apply in reaching a view are the same as those it applies when determining premises licence applications. Therefore, it should aim to permit the temporary use of premises for gambling, in so far as it thinks that permission:
accords with relevant Commission codes of practice and guidance;
is reasonably consistent with the licensing objectives; and
is in accordance with the authority’s three-year licensing policy (established by the authority under section 349 of the Act).
556.If the authority concludes that the temporary use notice should not have effect, or should only have effect with modifications, it must serve a counter-notice upon the person who served the temporary use notice. This counter-notice may provide that the temporary use notice:
will not have effect;
will have effect only in respect of a certain activity;
will only have effect in relation to an activity for a certain period of time or during certain hours of the day; or
will be subject to a condition.
557.A counter notice must be in the prescribed form and state the licensing authority’s reasons for giving it. A copy must be given to any person who was entitled to receive a copy of the temporary use notice under section 219.
558.If the authority concludes that it will not give any counter-notice, then it must inform all relevant parties of this fact. The effect is that any objection notices have been dismissed by the authority.
559.Rights of appeal are available following an authority’s decision to issue a counter-notice or to dismiss objections under these sections. The person who gave the temporary use notice, and any person entitled to receive a copy of it, may appeal. An appeal lies to the magistrates’ court, and must be made within 14 days of receiving notice of the licensing authority’s decision. In Scotland, the appeal will be to the sheriff in whose area the premises are located. If the appeal is against the decision of the licensing authority not to issue a counter notice, then the person giving the temporary use notice will also be a respondent in the case.
560.Where the decision to appeal may be made by a person entitled to receive a copy of the notice under section 219, they must decide whether to appeal, and to institute any appeal as soon as is reasonably practicable.
561.The magistrates’ court or sheriff may, on hearing an appeal, dismiss it; direct the licensing authority to take some specified action; remit it back to the licensing authority to decide in accordance with a direction of the court; and make an order as to costs (or expenses). Where the decision is remitted to the licensing authority, the same rights of appeal will flow from their new decision as applied to their original one.
562.A further right of appeal exists to the High Court or Court of Session on a point of law.
