Licensing Act 2003

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

(a) a temporary event notice is given under section 100, and

(b) a chief officer of police 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 chief officer of police may appeal against that decision.

(4) An appeal under this paragraph must be made to [F1 a magistrates' court].

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F2 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; and

• “relevant licensing authority” has the meaning given in section 99.

Textual Amendments

F1 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)

F2 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)