Gambling Act 2005

Appeal E+W+S

25 (1) Where a licensing authority reject an application for the issue or renewal of a permit the applicant may appeal. E+W+S

(2) Where a licensing authority grant an application for the issue or renewal of a permit in relation to which an objection was made under paragraph 4, the person who made the objection may appeal.

(3) Where a licensing authority cancel a permit the holder may appeal.

(4) Where a licensing authority determine not to cancel a permit, any person who in accordance with regulations under paragraph 21(2)(d) made representations to the authority in connection with their consideration whether to cancel the permit may appeal.

(5) An appeal under this paragraph must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates 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.

(6) On an appeal a magistrates' court may—

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made;

(c) restore a permit (with effect from such date and on such transitional or other terms as the court may specify);

(d) remit the case to the licensing authority to decide in accordance with a direction of the court;

(e) make an order about costs.

(7) In relation to premises in Scotland—

(a) sub-paragraph (5)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) sub-paragraph (5)(b) shall not have effect,

(c) the reference in sub-paragraph (6) to the magistrates' court shall have effect as a reference to the sheriff, and

(d) the reference in sub-paragraph (6)(e) to costs shall have effect as a reference to expenses.

(8) Sub-paragraphs (1) to (4) apply to a decision of a licensing authority following remittal under sub-paragraph (6)(d) above.

Modifications etc. (not altering text)

C1 Sch. 12 para. 25 applied (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 92(11), (14) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

C2 Sch. 12 para. 25 applied (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 84(11), (14) (with art. 12(2)-(5), Sch. 4 paras. 81-85)

Commencement Information

I1 Sch. 12 para. 25 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 Sch. 12 para. 25 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I3 Sch. 12 para. 25 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)