Licensing Act 1964 (repealed)

Valid from 01/12/2001

[F1 179G Rights of appeal E+W

(1) Any person aggrieved by a decision of relevant justices under section 179B of this Act or of licensing justices under section 179E of this Act may appeal to the Crown Court against the decision.

(2) An appeal under subsection (1) of this section shall be commenced by notice of appeal given by the appellant to the chief executive to the licensing justices or (as the case may be) to the justices’ chief executive within 21 days after the decision appealed against.

(3) On an appeal against a decision under section 179E of this Act by licensing justices not to revoke a justices’ licence, the holder of the licence shall be respondent in addition to the licensing justices.

(4) Where the holder of a justices’ licence gives notice of appeal against a decision under section 179E of this Act by licensing justices to revoke the licence, the Crown Court may, on such conditions as it thinks fit, order that the licence shall continue in force until the determination of the appeal notwithstanding that the appeal is not determined until after the date when the licence would otherwise cease to have effect.

(5) Where—

(a) the holder of a justices’ licence gives notice of appeal against a decision under section 179E of this Act by licensing justices to revoke the licence; and

(b) the premises are closed by virtue of section 179E(7) of this Act,

the Crown Court may, on such conditions as it thinks fit, order that section 179E(7) of this Act shall not apply to the premises.

(6) Sections 21 and 22(3A) of this Act (appeals) do not apply to any decision of licensing justices which is subject to a right of appeal under subsection (1) of this section or to any appeal under subsection (1) of this section.

(7) Section 22(4), (6) and (7), section 23(3) and (4) and section 25(1) of this Act shall apply, with necessary modifications, to appeals under subsection (1) of this section against decisions of licensing justices as they apply to appeals under section 21 of this Act.

(8) Section 23(4) of this Act shall have effect, in its application by virtue of subsection (7) of this section, as if the reference to section 21(4) of this Act were a reference to subsection (4) of this section.]

Textual Amendments

F1 Ss. 179A-179K and cross-headings inserted (1.12.2001) by 2001 c. 16, s. 17; S.I. 2001/3736, art. 2