London Government Act 1963

Appeals E+W

19 (1) Any of the following persons, that is to say—

(a) an applicant for—

(i) the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F1 , 3A] or 4 of this Schedule; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(iii) the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,

whose application is refused;

(b) the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application or revocation of his licence, or when the term, condition or restriction becomes operative with respect to his licence, as the case may be, appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to the next following sub-paragraph, that order shall be binding on the Council.

(2) Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing sub-paragraph may appeal therefrom to a court of quarter sessions.

(3) Where any such licence as aforesaid is revoked under paragraph 10 (4) or 16 (2) of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F1 , 3A] or 4 is refused, the licence shall be deemed to remain in force—

(a) during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b) where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.

(4) In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F3 , 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 12(a)

F2 Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3

F3 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1),s. 42(2), Sch. 3 para. 12(b)

F4 Sch. 12 para. 19(5) repealed by Cinemas Act 1985 (c. 13, SIF 45A), ss. 24(2), Sch. 3

Modifications etc. (not altering text)

C1 Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I