Part 8

Premises Licences

Appeals

Process
207
1
An appeal under section 206 in relation to premises must be instituted—
a
in the magistrates' court for a local justice area in which the premises are wholly or partly situated,
b
by notice of appeal given to the designated officer, and
c
within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.
2
Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).
3
On an appeal under section 206 the magistrates' court may—
a
dismiss the appeal;
b
substitute for the decision appealed against any decision that the licensing authority could have made;
c
remit the case to the licensing authority to decide in accordance with a direction of the court;
d
make an order about costs.
4
Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.
5
In relation to premises in Scotland—
a
subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
b
subsection (1)(b) shall not have effect,
c
the reference in subsection (3) to the magistrates' court shall have effect as a reference to the sheriff, and
d
the reference in subsection (3) to costs shall have effect as a reference to expenses.
Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)
S. 207 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)
Pt. 8 modified by S.I. 2006/3272, art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)