Licensing Act 2003

Section 181

SCHEDULE 5 E+W Appeals

Part 1 E+W Premises licences

Rejection of applications relating to premises licences E+W

1 E+W Where a licensing authority—

(a) rejects an application for a premises licence under section 18,

(b) rejects (in whole or in part) an application to vary a premises licence under section 35,

(c) rejects an application to vary a premises licence to specify an individual as the premises supervisor under section 39, or

(d) rejects an application to transfer a premises licence under section 44,

the applicant may appeal against the decision.

Commencement Information

I1 Sch. 5 para. 1(a)(d) in force at 7.2.2005 and Sch. 5 para. 1(b)(c) in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Decision to grant premises licence or impose conditions etc. E+W

2 (1) This paragraph applies where a licensing authority grants a premises licence under section 18. E+W

(2) The holder of the licence may appeal against any decision—

(a) to impose conditions on the licence under subsection (2)(a) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) or (c) of that section (exclusion of licensable activity or refusal to specify person as premises supervisor).

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that the licence ought not to have been granted, or

(b) that, on granting the licence, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) or (c) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 18(6).

Issue of provisional statement E+W

3 (1) This paragraph applies where a provisional statement is issued under subsection (3)(c) of section 31. E+W

(2) An appeal against the decision may be made by—

(a) the applicant, or

(b) any person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in subsection (5) of that section.

Variation of licence under section 35 E+W

4 (1) This paragraph applies where an application to vary a premises licence is granted (in whole or in part) under section 35. E+W

(2) The applicant may appeal against any decision to modify the conditions of the licence under subsection (4)(a) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that any variation made ought not to have been made, or

(b) that, when varying the licence, the licensing authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way, under subsection (4)(a) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 35(5).

Commencement Information

I2 Sch. 5 para. 4 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Variation of licence to specify individual as premises supervisor E+W

5 (1) This paragraph applies where an application to vary a premises licence is granted under section 39(2) in a case where a chief officer of police gave a notice under section 37(5) (which was not withdrawn). E+W

(2) The chief officer of police may appeal against the decision to grant the application.

Commencement Information

I3 Sch. 5 para. 5 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Transfer of licence E+W

6 (1) This paragraph applies where an application to transfer a premises licence is granted under section 44 in a case where a chief officer of police gave a notice under section 42(6) (which was not withdrawn). E+W

(2) The chief officer of police may appeal against the decision to grant the application.

Interim authority notice E+W

7 (1) This paragraph applies where— E+W

(a) an interim authority notice is given in accordance with section 47, and

(b) a chief officer of police gives a notice under section 48(2) (which is not withdrawn).

(2) Where the relevant licensing authority decides to cancel the interim authority notice under subsection (3) of section 48, the person who gave the interim authority notice may appeal against that decision.

(3) Where the relevant licensing authority decides not to cancel the notice under that subsection, the chief officer of police may appeal against that decision.

(4) Where an appeal is brought under sub-paragraph (2), the court to which it is brought may, on such terms as it thinks fit, order the reinstatement of the interim authority notice pending—

(a) the disposal of the appeal, or

(b) the expiry of the interim authority period,

whichever first occurs.

(5) Where the court makes an order under sub-paragraph (4), the premises licence is reinstated from the time the order is made, and section 47 has effect in a case where the appeal is dismissed or abandoned before the end of the interim authority period as if—

(a) the reference in subsection (7)(b) to the end of the interim authority period were a reference to the time when the appeal is dismissed or abandoned, and

(b) the reference in subsection (9)(a) to the interim authority period were a reference to that period disregarding the part of it which falls after that time.

(6) In this paragraph “interim authority period” has the same meaning as in section 47.

Review of premises licence E+W

8 (1) This paragraph applies where an application for a review of a premises licence is decided under section 52. E+W

(2) An appeal may be made against that decision by—

(a) the applicant for the review,

(b) the holder of the premises licence, or

(c) any other person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 52(7).

[F1 Summary review of premises licence E+W

Textual Amendments

F1 Sch. 5 para. 8A and cross-heading inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(2), 66(2)(3); S.I. 2007/2180, art. 3(a)

8A (1) This paragraph applies where a review of a premises licence is decided under section 53A(2)(b) (review of premises licence following review notice). E+W

(2) An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police area) in which the premises are situated,

(b) the holder of the premises licence, or

(c) any other person who made relevant representations in relation to the application for the review.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 53C(7).]

[F2 Review of interim steps E+W

Textual Amendments

F2 Sch. 5 para. 8B and crossheading inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 137(7), 183(1)(5)(e) (with s. 137(8)); S.I. 2017/399, reg. 3(c)

8B (1) This paragraph applies where a review of interim steps is decided under section 53D (review of interim steps at a summary review of a premises licence). E+W

(2) An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police area) in which the premises are situated, or

(b) the holder of the premises licence.

(3) An appeal under this paragraph must be heard by the magistrates' court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).]

General provision about appeals under this Part E+W

9 (1) An appeal under this Part must be made to [F3 a magistrates' court]. E+W

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the [F4 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), the holder of the premises licence is to be the respondent in addition to the licensing authority.

(4) On an appeal under paragraph 7(3), the person who gave the interim authority notice is to be the respondent in addition to the licensing authority.

Textual Amendments

F3 Words in Sch. 5 para. 9(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

F4 Words in Sch. 5 para. 9(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

Part 2 E+W Club premises certificates

Rejection of applications relating to club premises certificates E+W

10 E+W Where a licensing authority—

(a) rejects an application for a club premises certificate under section 72, or

(b) rejects (in whole or in part) an application to vary a club premises certificate under section 85,

the club that made the application may appeal against the decision.

Commencement Information

I4 Sch. 5 para. 10(a) in force at 7.2.2005 and Sch. 5 para. 10(b) in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Decision to grant club premises certificate or impose conditions etc. E+W

11 (1) This paragraph applies where a licensing authority grants a club premises certificate under section 72. E+W

(2) The club holding the certificate may appeal against any decision—

(a) to impose conditions on the certificate under subsection (2) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) of that section (exclusion of qualifying club activity).

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that the certificate ought not to have been granted, or

(b) that, on granting the certificate, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 72(7).

Variation of club premises certificate E+W

12 (1) This paragraph applies where an application to vary a club premises certificate is granted (in whole or in part) under section 85. E+W

(2) The club may appeal against any decision to modify the conditions of the certificate under subsection (3)(b) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that any variation ought not to have been made, or

(b) that, when varying the certificate, the licensing authority ought not to have modified the conditions of the certificate, or ought to have modified them in a different way, under subsection (3)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 85(5).

Commencement Information

I5 Sch. 5 para. 12 in force for certain purposes at 7.2.2005 and otherwise at 7.8.2005 by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Review of club premises certificate E+W

13 (1) This paragraph applies where an application for a review of a club premises certificate is decided under section 88. E+W

(2) An appeal may be made against that decision by—

(a) the applicant for the review,

(b) the club that holds or held the club premises certificate, or

(c) any other person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 88(7).

Withdrawal of club premises certificate E+W

14 E+W Where the relevant licensing authority gives notice withdrawing a club premises certificate under section 90, the club which holds or held the certificate may appeal against the decision to withdraw it.

General provision about appeals under this Part E+W

15 (1) An appeal under this Part must be made to [F5 a magistrates' court]. E+W

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the [designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that holds or held the club premises certificate is to be the respondent in addition to the licensing authority.

Extent Information

E1 Words in Sch. 5 para. 15(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

Textual Amendments

F5 Words in Sch. 5 para. 15(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

Part 3 E+W Other appeals

Temporary event notices E+W

16 (1) This paragraph applies where— E+W

(a) a [F6 standard] temporary event notice is given under section 100, and

(b) a [F7 relevant person] gives an objection notice in accordance with section 104(2).

(2) Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.

(3) Where that authority decides not to give such a counter notice, the [F8 relevant person] may appeal against that decision.

(4) An appeal under this paragraph must be made to [F9 a magistrates' court].

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F10 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(6) But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.

(7) On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.

(8) In this paragraph—

• “objection notice” has the same meaning as in section 104; F11 ...

• “relevant licensing authority” has the meaning given in section 99 [F12 ; and

• “relevant person” has the meaning given in section 99A.]

Textual Amendments

F6 Word in Sch. 5 para. 16(1)(a) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(12), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

F7 Words in Sch. 5 para. 16(1)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F8 Words in Sch. 5 para. 16(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(b), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F9 Words in s. 16(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

F10 Words in s. 16(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

F11 Word in Sch. 5 para. 16(8) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(c), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F12 Words in Sch. 5 para. 16(8) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(d), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

Personal licences E+W

17 (1) Where a licensing authority— E+W

(a) rejects an application for the grant of a personal licence under section 120, or

F13 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under section 120(7), the chief officer of police who gave the objection notice (within the meaning of section 120(5)) may appeal against that decision.

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.

(5) Where in a case to which section 124 (convictions coming to light after grant F15 ...) applies—

(a) the chief officer of police for the licensing authority’s area gives a notice under subsection (3) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the chief officer of police may appeal against the decision.

[F16 (5B) Where a licensing authority revokes or suspends a personal licence under section 132A(8) or (12) the holder of the licence may appeal against that decision.]

(6) An appeal under this paragraph must be made to [F17 a magistrates' court].

(7) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F18 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(8) On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal licence is to be the respondent in addition to the licensing authority.

F19 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 5 para. 17(1)(b) and preceding word omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F14 Sch. 5 para. 17(3) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(3) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F15 Words in Sch. 5 para. 17(5) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(4) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F16 Sch. 5 para. 17(5B) inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 138(4), 183(1)(5)(e); S.I. 2017/399, reg. 3(d)

F17 Words in Sch. 5 para. 17(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(i)

F18 Words in Sch. 5 para. 17(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(ii)

F19 Sch. 5 para. 17(9)-(11) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(5) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

Commencement Information

I6 Sch. 5 para. 17 (except paragraphs (1)(b)(9)(10)) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch. and Sch. 5 para. 17 in force otherwise at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)

Closure orders E+W

18 (1) This paragraph applies where, on a review of a premises licence under section 167, the relevant licensing authority decides under subsection (5)(b) of that section— E+W

(a) to take any of the steps mentioned in subsection (6) of that section, in relation to a premises licence for those premises, or

(b) not to take any such step.

(2) An appeal may be made against that decision by—

(a) the holder of the premises licence, or

(b) any other person who made relevant representations in relation to the review.

(3) Where an appeal is made under this paragraph against a decision to take any of the steps mentioned in section 167(6)(a) to (d) (modification of licence conditions etc.), the F20 . . . magistrates' court may in a case within section 168(3) (premises closed when decision taken)—

(a) if the relevant licensing authority has not made an order under section 168(5) (order suspending operation of decision in whole or part), make any order under section 168(5) that could have been made by the relevant licensing authority, or

(b) if the authority has made such an order, cancel it or substitute for it any order which could have been made by the authority under section 168(5).

(4) Where an appeal is made under this paragraph in a case within section 168(6) (premises closed when decision to revoke made to remain closed pending appeal), the F20 . . . magistrates court may, on such conditions as it thinks fit, order that section 168(7) (premises to remain closed pending appeal) is not to apply to the premises.

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F21 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the relevant licensing authority of the decision appealed against.

(6) On an appeal under this paragraph by a person other than the holder of the premises licence, that holder is to be the respondent in addition to the licensing authority that made the decision.

(7) In this paragraph—

• F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant licensing authority” has the same meaning as in Part 3 of this Act; and

• “relevant representations” has the meaning given in section 167(9).

Textual Amendments

F20 Words in Sch. 5 para. 18(3)(4) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(i)

F21 Words in Sch. 5 para. 18(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(ii)

F22 Sch. 5 para. 18(7): definition of "appropriate magistrates' court" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(d)