Modifications etc. (not altering text)
C1Pt. III (ss. 59–92) restricted by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(1)(a), 9(6)
(1)Subject to subsection (2) of this section, any person aggrieved by a decision of licensing justices or a magistrates’ court—
[F2(a)not to grant a special hours certificate under section 77 or 78 of this Act;]
[F3(aa)to revoke or not to revoke a special hours certificate on an application under subsection (2) or (4) of section 81 of this Act,]
[F4(b)to attach or not to attach limitations under section 78A of this Act, or
(c)to attach or not to attach limitations under section 81A of this Act,]
may appeal to the Crown Court against that decision.
[F5(2)Only the chief officer of police may appeal against a decision not to revoke a certificate as mentioned in paragraph (aa) of subsection (1) of this section or not to attach a limitation under section 81A(3) of this Act; and a person may appeal against a decision not to attach a limitation under section 81A(2) of this Act only if he has appeared before the licensing justices or magistrates’ court and made representations that the limitation be attached.]
(3)A person other than the appellant shall be a party to an appeal under this section if, and only if, he has appeared before the licensing justices or magistrates’ court and made representations on the application to which the decision appealed against relates.
(4)Licensing justices shall have the same power to make an order for the payment of costs on the abandonment of an appeal under this section as a magistrates’ court has by virtue of [F6section 109 of the M1Magistrates’ Courts Act 1980] on the abandonment of an appeal to which that section relates.]
Textual Amendments
F2S. 81B(1)(a) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)
F3S. 81B(1) para. (a) renumbered as para. (aa) as provided by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)
F4S. 81B(1)(b)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)
F5S. 81B(2) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)
F6Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
Marginal Citations
M11980 c. 43(82)