Housing (Wales) Act 2014

27 Licensing appeals E+W

(1) An applicant for a licence or, as the case may be, the holder of a licence may appeal against the decisions of a licensing authority listed in subsection (2) to a residential property tribunal.

(2) The decisions are—

(a) granting a licence subject to a condition, other than the requirement to comply with any code of practice issued by the Welsh Ministers;

(b) refusing an application for a licence;

(c) amending a licence;

(d) revoking a licence.

(3) An appeal—

(a) must be made before the end of the period of 28 days beginning with the date the applicant was notified of the decision (the “appeal period”);

(b) may be determined having regard to matters of which the licensing authority was unaware.

(4) The tribunal may allow an appeal to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(5) The tribunal may confirm the decision of the licensing authority or alternatively—

(a) in the case of a decision to grant a licence subject to a condition, direct the authority to grant a licence on such terms as the tribunal considers appropriate;

(b) in the case of a decision to refuse an application for a licence, direct the authority to grant a licence on such terms as the tribunal considers appropriate;

(c) in the case of a decision to amend a licence, direct the authority not to amend the licence or to amend the licence on such terms as the tribunal considers appropriate;

(d) in the case of a decision to revoke a licence, to quash that decision.

(6) A licence granted by a licensing authority following a direction of a tribunal under this section is to be treated as having been granted by the authority under section 21(1).

Commencement Information

I1 S. 27 in force at 23.11.2015 by S.I. 2015/1826, art. 2(q)