Part 9Temporary Use of Premises
Procedure
226Appeal
1
This section applies where a licensing authority—
a
give a counter-notice under section 224, or
b
give a notice under section 225.
2
Any of the following may appeal—
a
the person who gave the temporary use notice, and
b
a person who was entitled to receive a copy of the temporary use notice under section 219.
3
An appeal under this section must be instituted—
a
in the magistrates' court for a local justice area in which the premises to which the temporary use notice relates are wholly or partly situated,
b
by notice of appeal given to the designated officer, and
c
within the period of 14 days beginning with the day on which the appellant receives notice of the action against which the appeal is brought.
4
A person who was entitled to receive a copy of the temporary use notice under section 219 must determine whether to appeal, and institute any appeal, as soon as is reasonably practicable.
5
Where an appeal is brought against the giving of a notice under section 225 the person who gave the temporary use notice shall be a respondent in addition to the licensing authority.
6
On an appeal under this section the magistrates' court may—
a
dismiss the appeal;
b
direct the licensing authority to take action of a specified kind;
c
remit the case to the licensing authority to decide in accordance with a direction of the court;
d
make an order about costs.
7
Subsection (2) applies to a decision of a licensing authority following remittal under subsection (6)(c) above.
8
A party to an appeal under this section may bring a further appeal to the High Court on a point of law.
9
In relation to premises in Scotland—
a
subsection (3)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
b
subsection (3)(b) shall not have effect,
c
the reference in subsection (6) to the magistrates' court shall have effect as a reference to the sheriff,
d
the reference in subsection (6) to costs shall have effect as a reference to expenses, and
e
the reference in subsection (8) to the High Court shall have effect as a reference to the Court of Session.