Licensing Act 1964 (repealed)

21 Appeals. E+W

(1) Subject to subsection (2) of this section, any person aggrieved by any of the following decisions of licensing justices, that is to say—

(a) a decision granting or refusing to grant a new justices’ licence or an ordinary removal of a justices’ licence;

(b) a decision refusing the renewal, transfer or special removal of a justices’ licence;

(c) a refusal to declare a provisional grant final or to affirm a provisional grant or to give consent, on the application of the holder of a provisional licence, to a modification of plans;

(d) the making of an order under section 19 of this Act;

(e) the refusal of a consent required under section 20 of this Act;

[F1 (ee) the revocation of a justices’ licence; or]

(f) any decision as to the conditions of a justices’ on-licence;

may appeal to [F2 the Crown Court] against that decision.

(2) A person may not appeal against the grant of a justices’ licence unless he has appeared before the licensing justices and opposed the grant; and no person may appeal against a refusal to attach conditions to a licence or to vary or revoke conditions previously attached, except the person (if any) whose application or request is required for the justices to have jurisdiction to attach or to vary or revoke the conditions.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4 (4) Where the holder of a justices’ licence gives notice of appeal against a refusal by the licensing justices to renew that licence [F5 or a decision by the licensing justices to revoke it], the licensing justices or [F2 the Crown Court] having jurisdiction to hear the appeal may, on such conditions as they think 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.]

Textual Amendments

F1 S. 21(1) para.(ee) substituted for word “or" by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 3(a)

F2 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F3 Ss. 21(3), 23(1)(2) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

F4 S. 21(4) added by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 3

F5 Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 3(b)