Zoo Licensing Act 1981

18 Appeals. E+W+S

(1) A person aggrieved by the refusal to grant a licence, by any condition attached to a licence, by any variation or cancellation of a condition or by the revocation of a licence may appeal—

(a) in England and Wales, to a magistrates’ court acting for the petty sessions area in which the zoo is situated;

(b) in Scotland, by summary application to the sheriff.

(2) Any such appeal shall be brought within twenty-one days from the date on which the person wishing to appeal receives written notification of the authority’s decision to refuse to grant a licence, to revoke a licence, to attach a condition (whether on the grant of the licence or later) or to vary or cancel a condition, as the case may be; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3) On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4) On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5) The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M1 Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6) The decision of the sheriff on an appeal under this section shall be final.

(7) In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a) during the period within which the holder is entitled to appeal against the attachment or variation, or

(b) where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(8) A licence revoked under section 17 shall be deemed to continue in force—

(a) if no appeal is brought under this section within the time mentioned in subsection (2), until the expiration of the period of six months commencing with the expiration of that time; or

(b) if an appeal is so brought, until the determination or abandonment of the appeal (but without prejudice to the licence continuing in force further by virtue of the court’s or sheriff’s decision or of subsection (9)).

(9) If, on an appeal brought under this section, the court or the sheriff confirms a revocation under section 17, the licence shall be deemed to continue in force for a further period of six months commencing with the date of the confirmation.

Marginal Citations

M1 1980 c. 43.