Lotteries and Amusements Act 1976 (repealed)

Appeal in England or Wales against decision of appropriate authority E+W+S

8 (1) Where on an application under this Schedule in England or Wales the appropriate authority refuse to grant or renew a permit, or grant or renew it subject to a condition, the authority shall forthwith give to the applicant notice of their decision and of the grounds on which it is made. E+W+S

(2) Where such a notice has been given, the applicant may, by notice to the [F1 proper officer of] the appropriate authority, appeal against the decision to the Crown Court.

(3) As soon as practicable after receiving notice of appeal against a decision of the appropriate authority, the [F1 proper officer of] the authority shall send the notice to the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant, and on receipt of the notice, that officer shall enter the appeal and give to the appellant and to the appropriate authority not less than seven days’ notice in writing of the date, time and place appointed for the hearing of the appeal.

(4) A justice shall not act in the hearing or determination of an appeal under this paragraph from any decision in which he took part.

Textual Amendments

F1 Words in Sch. 3 para. 8(2)(3) substituted (1.4.2001) by 1999 c. 22, ss. 90(1), Sch. 13 para. 87(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

9 E+W+S The Court shall not allow an appeal under this Schedule if satisfied that, by virtue of paragraph 6 above, it was the duty of the appropriate authority to refuse to grant or renew the permit.

10 E+W+S Subject to paragraph 9 above, on any such appeal the Court may by its order allow or dismiss the appeal, or reverse or vary any part of the decision of the appropriate authority, and may deal with the application as if it had been made to the Court in the first instance; and the judgment of the Court on the appeal shall be final.

11 E+W+S Where the appropriate authority is the licensing justices for a licensing district and the Court—

(a) has allowed an appeal, or

(b) has awarded the licensing justices any costs and is satisfied that the licensing justices cannot recover those costs,

the Court shall order payment out of central funds of such sums as appear to the Court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant’s having served notice of appeal.