Licensing Act 2003

Part 1 E+W Premises licences

Rejection of applications relating to premises licences E+W

1 E+W Where a licensing authority—

(a) rejects an application for a premises licence under section 18,

(b) rejects (in whole or in part) an application to vary a premises licence under section 35,

(c) rejects an application to vary a premises licence to specify an individual as the premises supervisor under section 39, or

(d) rejects an application to transfer a premises licence under section 44,

the applicant may appeal against the decision.

Commencement Information

I1 Sch. 5 para. 1(a)(d) in force at 7.2.2005 and Sch. 5 para. 1(b)(c) in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Decision to grant premises licence or impose conditions etc. E+W

2 (1) This paragraph applies where a licensing authority grants a premises licence under section 18. E+W

(2) The holder of the licence may appeal against any decision—

(a) to impose conditions on the licence under subsection (2)(a) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) or (c) of that section (exclusion of licensable activity or refusal to specify person as premises supervisor).

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that the licence ought not to have been granted, or

(b) that, on granting the licence, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) or (c) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 18(6).

Issue of provisional statement E+W

3 (1) This paragraph applies where a provisional statement is issued under subsection (3)(c) of section 31. E+W

(2) An appeal against the decision may be made by—

(a) the applicant, or

(b) any person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in subsection (5) of that section.

Variation of licence under section 35 E+W

4 (1) This paragraph applies where an application to vary a premises licence is granted (in whole or in part) under section 35. E+W

(2) The applicant may appeal against any decision to modify the conditions of the licence under subsection (4)(a) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that any variation made ought not to have been made, or

(b) that, when varying the licence, the licensing authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way, under subsection (4)(a) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 35(5).

Commencement Information

I2 Sch. 5 para. 4 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Variation of licence to specify individual as premises supervisor E+W

5 (1) This paragraph applies where an application to vary a premises licence is granted under section 39(2) in a case where a chief officer of police gave a notice under section 37(5) (which was not withdrawn). E+W

(2) The chief officer of police may appeal against the decision to grant the application.

Commencement Information

I3 Sch. 5 para. 5 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.

Transfer of licence E+W

6 (1) This paragraph applies where an application to transfer a premises licence is granted under section 44 in a case where a chief officer of police gave a notice under section 42(6) [F1 or the Secretary of State gave a notice under section 42(8)] (which [F2 , in either case,] was not withdrawn). E+W

(2) The chief officer of police [F3 or the Secretary of State, as the case may be,] may appeal against the decision to grant the application.

Textual Amendments

F1 Words in Sch. 5 para. 6(1) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 24(2)(a); S.I. 2017/380, reg. 2(b)

F2 Words in Sch. 5 para. 6(1) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 24(2)(b); S.I. 2017/380, reg. 2(b)

F3 Words in Sch. 5 para. 6(2) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 24(3); S.I. 2017/380, reg. 2(b)

Interim authority notice E+W

7 (1) This paragraph applies where— E+W

(a) an interim authority notice is given in accordance with section 47, and

(b) a chief officer of police gives a notice under section 48(2) [F4 or the Secretary of State gives a notice under section 48(2B)] (which [F5 , in either case,] is not withdrawn).

(2) Where the relevant licensing authority decides to cancel the interim authority notice under subsection (3) of section 48, the person who gave the interim authority notice may appeal against that decision.

(3) Where the relevant licensing authority decides not to cancel [F6 the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2),] the chief officer of police may appeal against that decision.

[F7 (3A) Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.]

(4) Where an appeal is brought under sub-paragraph (2), the court to which it is brought may, on such terms as it thinks fit, order the reinstatement of the interim authority notice pending—

(a) the disposal of the appeal, or

(b) the expiry of the interim authority period,

whichever first occurs.

(5) Where the court makes an order under sub-paragraph (4), the premises licence is reinstated from the time the order is made, and section 47 has effect in a case where the appeal is dismissed or abandoned before the end of the interim authority period as if—

(a) the reference in subsection (7)(b) to the end of the interim authority period were a reference to the time when the appeal is dismissed or abandoned, and

(b) the reference in subsection (9)(a) to the interim authority period were a reference to that period disregarding the part of it which falls after that time.

(6) In this paragraph “interim authority period” has the same meaning as in section 47.

Textual Amendments

F4 Words in Sch. 5 para. 7(1)(b) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 25(2)(a); S.I. 2017/380, reg. 2(b)

F5 Words in Sch. 5 para. 7(1)(b) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 25(2)(b); S.I. 2017/380, reg. 2(b)

F6 Words in Sch. 5 para. 7(3) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 25(3); S.I. 2017/380, reg. 2(b)

F7 Sch. 5 para. 7(3A) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 25(4); S.I. 2017/380, reg. 2(b)

Review of premises licence E+W

8 (1) This paragraph applies where an application for a review of a premises licence is decided under section 52. E+W

(2) An appeal may be made against that decision by—

(a) the applicant for the review,

(b) the holder of the premises licence, or

(c) any other person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 52(7).

[F8 Summary review of premises licence E+W

Textual Amendments

F8 Sch. 5 para. 8A and cross-heading inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(2), 66(2)(3); S.I. 2007/2180, art. 3(a)

8A (1) This paragraph applies where a review of a premises licence is decided under section 53A(2)(b) (review of premises licence following review notice). E+W

(2) An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police area) in which the premises are situated,

(b) the holder of the premises licence, or

(c) any other person who made relevant representations in relation to the application for the review.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 53C(7).]

[F9 Review of interim steps E+W

Textual Amendments

F9 Sch. 5 para. 8B and crossheading inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 137(7), 183(1)(5)(e) (with s. 137(8)); S.I. 2017/399, reg. 3(c)

8B (1) This paragraph applies where a review of interim steps is decided under section 53D (review of interim steps at a summary review of a premises licence). E+W

(2) An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police area) in which the premises are situated, or

(b) the holder of the premises licence.

(3) An appeal under this paragraph must be heard by the magistrates' court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).]

General provision about appeals under this Part E+W

9 (1) An appeal under this Part must be made to [F10 a magistrates' court]. E+W

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the [F11 designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), the holder of the premises licence is to be the respondent in addition to the licensing authority.

(4) On an appeal under paragraph 7(3) [F12 or (3A)], the person who gave the interim authority notice is to be the respondent in addition to the licensing authority.

Textual Amendments

F10 Words in Sch. 5 para. 9(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

F11 Words in Sch. 5 para. 9(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

F12 Words in Sch. 5 para. 9(4) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 26; S.I. 2017/380, reg. 2(b)