46(1)Where a licensing authority in England or Wales refuse to cancel a licence under this Act, the Board may, by notice to the [F1proper officer] of the licensing authority, appeal against the decision of the licensing authority to [F2the Crown Court].E+W+S
(2)The provisions of paragraph 31(2) to (4) and paragraph 32 of this Schedule shall have effect in relation to any such appeal as they have effect in relation to an appeal by the Board against the grant or renewal of such licence, as if in those provisions—
(a)any reference to any person (other than the Board) who opposed the application before the licensing authority were omitted, and
(b)any reference to the applicant who applied for the grant or renewal were a reference to the holder of the licence.
Textual Amendments
F1Words in Sch. 2 para. 46(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 58(10) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F2Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I