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Licensing Act 1964

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This is the original version (as it was originally enacted).

21Appeals

(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; or

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

may appeal to quarter sessions 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)The quarter sessions having jurisdiction to hear an appeal under subsection (1) of this section shall be the quarter sessions for the county in which the premises (that is to say, in the case of a removal, the premises to which the licence is to be removed) are situated or, if they are situated in a county borough, the quarter sessions for the county in which the borough is deemed to be situated; except that an appeal under paragraph (d) or paragraph (e) of that subsection may, if the premises are situated in a borough having a separate court of quarter sessions, be made either to the quarter sessions for the said county or to the quarter sessions for the borough.

In this subsection " county " includes the City of London.

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