Appeals – further provisions5
1
In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—
a
where a question to be decided on the appeal is whether an offence has been committed, the authority must prove the commission of the offence beyond reasonable doubt;
b
in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.
2
The First-tier Tribunal may—
a
withdraw the notice or any requirement contained in it;
b
confirm the notice or any requirement contained in it;
c
vary the notice or any requirement contained in it;
d
take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice; or
e
remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).
3
Where a notice revoking a marine licence is withdrawn under paragraph (2), the licence is to be treated as never having been revoked by that notice.