Appeal in England or Wales by BoardE+W+S
31(1)Where a licensing authority in England or Wales grant or renew a licence under this Act after hearing any objection or representations made by or on behalf of the Board or any other person, and the Board desire to contend—E+W+S
(a)that the licence ought not to have been granted or renewed, or
(b)that, on granting or renewing the licence, the licensing authority ought to have imposed restrictions, or (where restrictions were imposed) ought to have imposed more stringent restrictions,
the Board may, by notice to the [F1proper officer of] the licensing authority, appeal against the decision of the licensing authority to [F2the Crown Court].
(2)As soon as practicable after receiving notice of appeal under this paragraph, the [F1proper officer of] the licensing authority shall send the notice to [F3the appropriate officer of the Crown Court] together with a statement of the decision against which the appeal is brought and the name and last-known residence or place of business of the applicant who applied for the grant or renewal and of any person (other than the Board) who opposed the application before the licensing authority.
(3)On receipt of the notice of appeal, [F3the appropriate officer of the Crown Court] shall enter the appeal and give in writing to the Board, to the applicant, to the appropriate officer of police, to any person (other than the Board) who opposed the application before the licensing authority, and to the licensing authority, not less than seven days’ notice of the date, time and place appointed for the hearing of the appeal.
(4)Sub-paragraphs (4) and (5) of paragraph 29 of this Schedule shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under that paragraph.
Textual Amendments
F1Words in Sch. 2 para. 31(1)(2) substituted (1.4.2001) by 1999 c. 22, s. 90, 108(1), Sch. 13 para. 58(9)(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F2Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
F3Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2
32(1)On determining any appeal under the last preceding paragraph, or on being satisfied that the Board, after giving notice of such an appeal, have failed to prosecute it, [F4the Crown Court] may make such order as it thinks fit for the payment of costs by or to—E+W+S
(a)the applicant who applied for the grant or renewal to which the appeal relates;
(b)the Board;
(c)any person (other than the Board) who opposed the application before the licensing authority; or
(d)the licensing authority.
(2)Sub-paragraphs (2) . . . F5 of paragraph 30 of this Schedule shall have effect for the purposes of this paragraph as they have effect for the purposes of that paragraph.
Textual Amendments
F4Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
F5Words repealed by Courts Act 1971 (c. 23), s. 56(4), Sch. 11 Pt. III