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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 5 — Appeals
Part 1 — Premises licences

    119

 

Schedule 5

Section 176

 

Appeals

Part 1

Premises licences

Rejection of applications relating to premises licences

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  1        Where a licensing authority—

              (a)             rejects an application for a premises licence under section 18,

              (b)             rejects (in whole or in part) an application to vary a premises licence

under section 34,

              (c)             rejects an application to vary a premises licence to specify an

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individual as the premises supervisor under section 38, or

              (d)             rejects an application to transfer a premises licence under section 43,

           the applicant may appeal against the decision.

Decision to grant premises licence or impose conditions etc.

  2       (1)      This paragraph applies where a licensing authority grants a premises licence

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under section 18.

          (2)      The holder of the licence may appeal against any decision—

              (a)             to impose conditions on the licence under subsection (2)(a) or (3)(b)

of that section, or

              (b)             to take any step mentioned in subsection (4)(b) or (c) of that section

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(exclusion of licensable activity or refusal to specify person as

premises supervisor).

          (3)      Where a person who made relevant representations in relation to the

application desires to contend—

              (a)             that the licence ought not to have been granted, or

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              (b)             that, on granting the licence, the licensing authority ought to have

imposed different or additional conditions, or to have taken a step

mentioned in subsection (4)(b) or (c) of that section,

                   he may appeal against the decision.

          (4)      In sub-paragraph (3) “relevant representations” has the meaning given in

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section 18(6).

Issue of provisional statement

  3       (1)      This paragraph applies where a provisional statement is issued under

subsection (3)(c) of section 30.

          (2)      An appeal against the decision may be made by—

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              (a)             the applicant, or

              (b)             any person who made relevant representations in relation to the

application.

          (3)      In sub-paragraph (2) “relevant representations” has the meaning given in

subsection (5) of that section.

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Licensing Bill [HL]
Schedule 5 — Appeals
Part 1 — Premises licences

    120

 

Variation of licence under section 34

  4       (1)      This paragraph applies where an application to vary a premises licence is

granted (in whole or in part) under section 34.

          (2)      The applicant may appeal against any decision to modify the conditions of

the licence under subsection (4)(a) of that section.

5

          (3)      Where a person who made relevant representations in relation to the

application desires to contend—

              (a)             that any variation made ought not to have been made, or

              (b)             that, when varying the licence, the licensing authority ought not to

have modified the conditions of the licence, or ought to have

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modified them in a different way, under subsection (4)(a) of that

section,

                   he may appeal against the decision.

          (4)      In sub-paragraph (3) “relevant representations” has the meaning given in

section 34(5).

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Variation of licence to specify individual as premises supervisor

  5       (1)      This paragraph applies where an application to vary a premises licence is

granted under section 38(2) in a case where a chief officer of police gave a

notice under section 36(5) (which was not withdrawn).

          (2)      The chief officer of police may appeal against the decision to grant the

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application.

Transfer of licence

  6       (1)      This paragraph applies where an application to transfer a premises licence

is granted under section 43 in a case where a chief officer of police gave a

notice under section 41(6) (which was not withdrawn).

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          (2)      The chief officer of police may appeal against the decision to grant the

application.

Interim authority notice

  7       (1)      This paragraph applies where—

              (a)             an interim authority notice is given in accordance with section 46,

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and

              (b)             a chief officer of police gives a notice under section 47(2) (which is

not withdrawn).

          (2)      Where the relevant licensing authority decides to cancel the interim

authority notice under subsection (3) of section 47, the person who gave the

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interim authority notice may appeal against that decision.

          (3)      Where the relevant licensing authority decides not to cancel the notice under

that subsection, the chief officer of police may appeal against that decision.

          (4)      Where an appeal is brought under sub-paragraph (2), the court to which it is

brought may, on such terms as it thinks fit, order the reinstatement of the

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interim authority notice pending—

              (a)             the disposal of the appeal, or

              (b)             the expiry of the interim authority period,

 

 

Licensing Bill [HL]
Schedule 5 — Appeals
Part 2 — Club premises certificates

    121

 

                   whichever first occurs.

          (5)      Where the court makes an order under sub-paragraph (4), the premises

licence is reinstated from the time the order is made, and section 46 has effect

in a case where the appeal is dismissed or abandoned before the end of the

interim authority period as if—

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              (a)             the reference in subsection (7)(b) to the end of the interim authority

period were a reference to the time when the appeal is dismissed or

abandoned, and

              (b)             the reference in subsection (9)(a) to the interim authority period were

a reference to that period disregarding the part of it which falls after

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that time.

          (6)      In this paragraph “interim authority period” has the same meaning as in

section 46.

Review of premises licence

  8       (1)      This paragraph applies where an application for a review of a premises

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licence is decided under section 51.

          (2)      An appeal may be made against that decision by—

              (a)             the applicant for the review,

              (b)             the holder of the premises licence, or

              (c)             any other person who made relevant representations in relation to

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the application.

          (3)      In sub-paragraph (2) “relevant representations” has the meaning given in

section 51(7).

General provision about appeals under this Part

  9       (1)      An appeal under this Part must be made to the magistrates’ court for the

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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

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notified by the licensing authority of the decision appealed against.

          (3)      On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c),

the holder of the premises licence is to be the respondent in addition to the

licensing authority.

          (4)      On an appeal under paragraph 7(3), the person who gave the interim

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authority notice is to be the respondent in addition to the licensing authority.

Part 2

Club premises certificates

Rejection of applications relating to club premises certificates

  10       Where a licensing authority—

40

              (a)             rejects an application for a club premises certificate under section 71,

or

 

 

Licensing Bill [HL]
Schedule 5 — Appeals
Part 2 — Club premises certificates

    122

 

              (b)             rejects (in whole or in part) an application to vary a club premises

certificate under section 83,

           the club that made the application may appeal against the decision.

Decision to grant club premises certificate or impose conditions etc.

  11      (1)      This paragraph applies where a licensing authority grants a club premises

5

certificate under section 71.

          (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

10

(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

15

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 71(7).

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Variation of club premises certificate

  12      (1)      This paragraph applies where an application to vary a club premises

certificate is granted (in whole or in part) under section 83.

          (2)      The club may appeal against any decision to modify the conditions of the

certificate under subsection (3)(b) of that section.

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          (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

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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 83(5).

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Review of club premises certificate

  13      (1)      This paragraph applies where an application for a review of a club premises

certificate is decided under section 86.

          (2)      An appeal may be made against that decision by—

              (a)             the applicant for the review,

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              (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.

 

 

Licensing Bill [HL]
Schedule 5 — Appeals
Part 3 — Other appeals

    123

 

          (3)      In sub-paragraph (2) “relevant representations” has the meaning given in

section 86(7).

Withdrawal of club premises certificate

  14       Where the relevant licensing authority gives notice withdrawing a club

premises certificate under section 88, the club which holds or held the

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certificate may appeal against the decision to withdraw it.

General provision about appeals under this Part

  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.

10

          (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

15

holds or held the club premises certificate is to be the respondent in addition

to the licensing authority.

Part 3

Other appeals

Temporary event notices

20

  16      (1)      This paragraph applies where—

              (a)             a temporary event notice is given under section 98, and

              (b)             a chief officer of police gives an objection notice in accordance with

section 102(2).

          (2)      Where the relevant licensing authority gives a counter notice under section

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103(3), the premises user may appeal against that decision.

          (3)      Where that authority decides not to give such a counter notice, the chief

officer of police may appeal against that decision.

          (4)      An appeal under this paragraph must be made to the magistrates’ court for

the petty sessions area (or any such area) in which the premises concerned

30

are situated.

          (5)      An appeal under this paragraph 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

35

against.

          (6)      But no appeal may be brought later than five working days before the day

on which the event period specified in the temporary event notice begins.

          (7)      On an appeal under sub-paragraph (3), the premises user is to be the

respondent in addition to the licensing authority.

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          (8)      In this paragraph—

               “objection notice” has the same meaning as in section 102; and

 

 

Licensing Bill [HL]
Schedule 5 — Appeals
Part 3 — Other appeals

    124

 

               “relevant licensing authority” has the meaning given in section 97.

Personal licences

  17      (1)      Where a licensing authority—

              (a)             rejects an application for the grant of a personal licence under section

118, or

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              (b)             rejects an application for the renewal of a personal licence under

section 119,

                   the applicant may appeal against that decision.

          (2)      Where a licensing authority grants an application for a personal licence

under section 118(7), the chief officer of police who gave the objection notice

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(within the meaning of section 118(5)) may appeal against that decision.

          (3)      Where a licensing authority grants an application for the renewal of a

personal licence under section 119(6), the chief officer of police who gave the

objection notice (within the meaning of section 119(3)) may appeal against

that decision.

15

          (4)      Where a licensing authority revokes a personal licence under section 122(4),

the holder of the licence may appeal against that decision.

          (5)      Where in a case to which section 122 (convictions coming to light after grant

or renewal) applies—

              (a)             the chief officer of police for the licensing authority’s area gives a

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notice under subsection (3) of that section (and does not later

withdraw it), and

              (b)             the licensing authority decides not to revoke the licence,

                   the chief officer of police may appeal against the decision.

          (6)      An appeal under this paragraph must be made to the magistrates’ court for

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a petty sessions area in which the licensing authority’s area (or any part of

it) is situated.

          (7)      An appeal under this paragraph 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

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appellant was notified by the licensing authority of the decision appealed

against.

          (8)      On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal

licence is to be the respondent in addition to the licensing authority.

          (9)      Sub-paragraph (10) applies where the holder of a personal licence gives

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notice of appeal against a decision of a licensing authority to refuse to renew

it.

          (10)     The relevant licensing authority, or the magistrates’ court to which the

appeal has been made, may, on such conditions as it thinks fit—

              (a)             order that the licence is to continue in force until the relevant time, if

40

it would otherwise cease to have effect before that time, or

              (b)             where the licence has already ceased to have effect, order its

reinstatement until the relevant time.

          (11)     In sub-paragraph (10) “the relevant time” means—

              (a)             the time the appeal is dismissed or abandoned, or

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              (b)             where the appeal is allowed, the time the licence is renewed.

 

 

Licensing Bill [HL]
Schedule 5 — Appeals
Part 3 — Other appeals

    125

 

Closure orders

  18      (1)      This paragraph applies where, on a review of a premises licence under

section 164, the relevant licensing authority decides under subsection (5)(b)

of that section—

              (a)             to take any of the steps mentioned in subsection (6) of that section, in

5

relation to a premises licence for those premises, or

              (b)             not to take any such step.

          (2)      An appeal may be made against that decision by—

              (a)             the holder of the premises licence, or

              (b)             any other person who made relevant representations in relation to

10

the review.

          (3)      Where an appeal is made under this paragraph against a decision to take any

of the steps mentioned in section 164(6)(a) to (d) (modification of licence

conditions etc.), the appropriate magistrates’ court may in a case within

section 165(3) (premises closed when decision taken)—

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              (a)             if the relevant licensing authority has not made an order under

section 165(5) (order suspending operation of decision in whole or

part), make any order under section 165(5) that could have been

made by the relevant licensing authority, or

              (b)             if the authority has made such an order, cancel it or substitute for it

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any order which could have been made by the authority under

section 165(5).

          (4)      Where an appeal is made under this paragraph in a case within section

165(6) (premises closed when decision to revoke made to remain closed

pending appeal), the appropriate magistrates court may, on such conditions

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as it thinks fit, order that section 165(7) (premises to remain closed pending

appeal) is not to apply to the premises.

          (5)      An appeal under this paragraph 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

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appellant was notified by the relevant licensing authority of the decision

appealed against.

          (6)      On an appeal under this paragraph by a person other than the holder of the

premises licence, that holder is to be the respondent in addition to the

licensing authority that made the decision.

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          (7)      In this paragraph—

               “appropriate magistrates’ court” means the magistrates court for the

petty sessions area (or any such area) in which the premises

concerned are situated;

               “relevant licensing authority” has the same meaning as in Part 3 of this

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Act; and

               “relevant representations” has the meaning given in section 164(9).

 

 

 
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