Licensing Act 1964 (repealed)

22 Procedural provisions as to appeals. E+W

(1) An appeal under section 21 of this Act shall be commenced by notice of appeal given by the appellant to the clerk to the licensing justices within [F1 twenty-one days] after the decision appealed against.

(2) On an appeal against the grant of a justices’ licence the applicant for the licence and not the licensing justices shall be respondent, and notice of appeal must be given to him as well as to the clerk to the licensing justices.

(3) On an appeal against a refusal to grant a justices’ licence, or against a decision as to conditions given on the grant of a justices’ licence, any person who appeared before the licensing justices and opposed the grant shall be respondent in addition to the licensing justices; . . . F2

[F3 (3A) On an appeal against a decision to revoke a justices’ licence, any person on whose application the licence was revoked shall be respondent in addition to the licensing justices.]

(4) On any appeal under section 21 of this Act the clerk to the licensing justices shall transmit the notice of appeal to [F4 the appropriate officer of the Crown Court], and the appeal shall be entered and notice thereof given by [F4 the appropriate officer of the Crown Court], as in a case where the justices’ clerk is required to transmit the notice of an appeal from a magistrates’ court; and [F5 section 109(1) of the M1 Magistrates’ Courts Act 1980] shall apply accordingly with respect to the abandonment of the appeal.

(5) Where a person appears before licensing justices and opposes the grant of a justices’ licence, his name and address shall be recorded by the clerk to the licensing justices and, in the event of an appeal against a refusal of the grant or against a decision as to conditions given on the grant, shall be transmitted to the clerk of the peace with the notice of appeal.

(6) Where the same application to licensing justices gives rise to more than one appeal to [F6 the Crown Court], [F6 the Crown Court] may give such directions as they think fit for the appeals to be heard together or separately, and where two or more appeals are heard together, [F6 the Crown Court] may deal with the costs of the appeals, so far as those costs are in their discretion, as if they were a single appeal.

(7) A justice shall not act in the hearing or determination of an appeal under section 21 of this Act from any decision in which he took part.

Textual Amendments

F1 Words substituted by virtue of S.I. 1982/1109, Sch. 3 Pt. II para. 3

F2 Words repealed by S.I. 1971/1292, Sch. 3

F3 S. 22(3A) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 4

F4 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 45

F6 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

Marginal Citations

M1 1980 c. 43 (82).