Modifications etc. (not altering text)
C1Sch. 12 extended by Greater London Council (General Powers) Act 1978 (c. xiii), s. 3
Sch. 12 modified (20.9.2000) by 2000 c. vii, ss. 1(1), 22, Sch. 1
Sch. 12: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
19(1)Any of the following persons, that is to say—E+W
(a)an applicant for—
(i)the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F1, 3A] or 4 of this Schedule; or
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(iii)the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,
whose application is refused;
(b)the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,
may at any time before the expiration of the [F3relevant period] appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to [F3sub-paragraph (2) of this paragraph], that order shall be binding on the Council.
[F4(1A)In this paragraph “relevant period” means the period of twenty-one days beginning with the date when the person in question is notified of—
(a)the refusal of his application;
(b)the revocation of his licence; or
(c)the imposition of the term, condition or restriction by which he is aggrieved;
but in a case where a decision is made under paragraph 2A(5) or 9A(4) of this Schedule means the date on which the person in question is notified of the decision.]
(2)Any person aggrieved by the order of a magistrates’ court [F5under sub-paragraph (1) of this paragraph or under paragraph 10(4A) of this Schedule] may appeal therefrom to a court of quarter sessions.
(3)Where any such licence as aforesaid is revoked under paragraph 10 (4) F6. . .of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F1, 3A] or 4 is [F7refused otherwise than on the ground specified in paragraph 2A(2) of this Schedule] the licence shall be deemed to remain in force—
(a)during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and
(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.
[F8(3A)A court which revokes a licence under paragraph 10(4A) of this Schedule may, if in the particular circumstances it would be unfair not to do so, order that the licence shall remain in force—
(a)during the period within which an appeal against the revocation may be brought; and
(b)if such an appeal is duly brought, until the determination or abandonment of the appeal.]
(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F9, 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F1Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 12(a)
F2Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3
F3Words in Sch. 12 para. 19(1) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(a); S.I. 1998/1009, art. 2 (with art. 3)
F4Sch. 12 para. 19(1A) inserted (1.5.1998) by 1997 c. 49, s. 2(6)(b); S.I. 1998/1009, art. 2 (with art. 3)
F5Words in Sch. 12 para. 19(2) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(c); S.I. 1998/1009, art. 2 (with art. 3)
F6Words in Sch. 12 para. 19(3) omitted (1.5.1998) by virtue of 1997 c. 49, s. 2(6)(d); S.I. 1998/1009, art. 2 (with art. 3)
F7Words in Sch. 12 para. 19(3) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(d); S.I. 1998/1009, art. 2 (with art. 3)
F8Sch. 12 para. 19(3A) inserted (1.5.1998) by 1997 c. 49, s. 2(6)(e); S.I. 1998/1009, art. 2 (with art. 3)
F9Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1),s. 42(2), Sch. 3 para. 12(b)
Modifications etc. (not altering text)
C2Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I