Gambling Act 2005

207 Process

(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.