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SCHEDULES

SCHEDULE 9Permits under section 34

Appeal in England or Wales against decision of appropriate authority

14(1)On determining any appeal under paragraph 11 of this Schedule, or on being satisfied that the appellant, after giving notice of such an appeal, has failed to prosecute it, the court of quarter sessions may make such order as it thinks fit for the payment of costs by or to the appellant or the appropriate authority.

(2)Where the appropriate authority is die licensing justices for a licensing district, and the court of quarter sessions—

(a)has allowed such an appeal, or

(b)has awarded the licensing justices any costs under the preceding sub-paragraph and is satisfied that the licensing justices cannot recover those costs,

the court shall order payment out of local funds of such sums as appear to the court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant's having served notice of appeal.

(3)Costs payable out of local funds under this paragraph—

(a)if the licensing district is a borough having a separate court of quarter sessions, shall be paid out of the general rate fund of the borough ; and

(b)in any other case, shall be paid out of the county fund of the county in which the licensing district is situated.

(4)Sections 8(1) and 11(1) of the [1952 c. 48.] Costs in Criminal Cases Act 1952 (which make provision for payment out of local funds of costs ordered to be paid under that Act) shall apply to costs ordered to be paid under this paragraph as if any reference in those provisions to a county borough were a reference to a borough having a separate court of quarter sessions.

(5)An order of a court of quarter sessions under this paragraph may be made either at the sessions at which the appeal is heard, or at which it would have been heard if the appeal had been prosecuted, or at the next following sessions; and the costs may be taxed either in or out of sessions.