APPEALS

PREMISES LICENCES

Appeals must be made to the magistrates’ court for the petty sessions area in which the premises are situated. They must be commenced by a notice to the chief executive for the magistrates’ court within a period of 21 days beginning with the day on which the appellant was notified of the decision of the Licensing Authority.

Applicants may appeal the decision of the licensing authority where

• An application under s18 is rejected
• An application to vary under s35 is rejected or has conditions added
• An application under s39 to vary the DPS is rejected
• An application to transfer a premises licence under s44 is rejected

Licence holders may appeal the decision of the licensing authority where

• Conditions have been imposed under s18(2)(a) or (3)(b)
• Exclusions of licensable activities are imposed under 18(4)(b) or (c)

A person who made relevant representations may appeal

• That the licence or a variation should not have been granted
• That different or additional conditions should have been imposed

Chief Officer of Police may appeal against a decision to

• Grant an application to vary the DPS where a notice under s37(5) was given
• Grant a transfer of a premises licence where a notice under s42(6) was given

Where a provisional statement is issued under s31(3)(c) an appeal against the decision can be made by

• The applicant
• Any person who made relevant representations

CLUB PREMISES CERTIFICATES

Appeals must be made to the magistrates’ court for the petty sessions area in which the premises are situated. They must be commenced by a notice to the chief executive for the magistrates’ court within a period of 21 days beginning with the day on which the appellant was notified of the decision of the Licensing Authority.

The Club may appeal against a decision by the licensing authority to

• Reject an application for a club premises certificate under s72
• Rejects (in whole or in part) an application to vary a club premises certificate under s85 or has added conditions
• Impose any conditions on the certificate under s72(2) or (3)(b)
• To exclude any qualifying club activities under s72(4)(b)

A person who made relevant representations may appeal

• That the authority should not have taken the decision to grant or vary a certificate
• That different or additional conditions should have been imposed or that a step to exclude certain qualifying club activities should have been taken

Where the authority considers that representations are vexatious, frivolous or repetitious there is no right of appeal to the magistrates’ court, any redress to the decision would be by way of a judicial review.