- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (13/11/2006)
- Gwreiddiol (Fel y'i Deddfwyd)
No versions valid at: 13/11/2006
Point in time view as at 13/11/2006. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Gambling Act 2005, Cross Heading: Appeals.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Yn ddilys o 21/05/2007
(1)Where a licensing authority reject an application under this Part the applicant may appeal.
(2)Where a licensing authority grant an application under this Part either of the following may appeal—
(a)a person who made representations in relation to the application, and
(b)the applicant.
(3)Where a licensing authority take action under section 202 as a result of a review of a premises licence, or determine to take no action as a result of a review, any of the following may appeal—
(a)the licensee,
(b)a person who made representations in relation to the review,
(c)the person (if any) who applied for the review, and
(d)the Commission.
(4)Where a licensing authority take action or make a determination under section 188(4) or (5) either of the following may appeal—
(a)the licensee, and
(b)the applicant for transfer.
(1)An appeal under section 206 in relation to premises must be instituted—
(a)in the magistrates' court for a local justice area in which the premises are wholly or partly situated,
(b)by notice of appeal given to the designated officer, and
(c)within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.
(2)Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).
(3)On an appeal under section 206 the magistrates' court may—
(a)dismiss the appeal;
(b)substitute for the decision appealed against any decision that the licensing authority could have made;
(c)remit the case to the licensing authority to decide in accordance with a direction of the court;
(d)make an order about costs.
(4)Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.
(5)In relation to premises in Scotland—
(a)subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
(b)subsection (1)(b) shall not have effect,
(c)the reference in subsection (3) to the magistrates' court shall have effect as a reference to the sheriff, and
(d)the reference in subsection (3) to costs shall have effect as a reference to expenses.
(1)A determination or other action under this Part shall have no effect while an appeal under section 206—
(a)could be brought, or
(b)has been brought and has not yet been either finally determined or abandoned.
(2)But a licensing authority making a determination or taking other action under this Part may direct that subsection (1) shall not apply (in which case the magistrates' court or sheriff determining an appeal may make any order that it or he thinks appropriate).
A party to an appeal under section 206 may appeal on a point of law—
(a)in relation to premises in England and Wales, to the High Court, or
(b)in relation to premises in Scotland, to the Court of Session.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys