- Latest available (Revised)
- Point in Time (16/11/2005)
- Original (As enacted)
Version Superseded: 25/04/2012
Point in time view as at 16/11/2005. This version of this part contains provisions that are not valid for this point in time.
Licensing Act 2003,
Part 3
is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 24/11/2005
16(1)This paragraph applies where—E+W
(a)a temporary event notice is given under section 100, and
(b)a chief officer of police gives an objection notice in accordance with section 104(2).
(2)Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.
(3)Where that authority decides not to give such a counter notice, the chief officer of police may appeal against that decision.
(4)An appeal under this paragraph must be made to [F1a magistrates' court].
(5)An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F2designated 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.
(6)But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.
(7)On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.
(8)In this paragraph—
“objection notice” has the same meaning as in section 104; and
“relevant licensing authority” has the meaning given in section 99.
Textual Amendments
F1Words in s. 16(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)
F2Words in s. 16(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)
17(1)Where a licensing authority—E+W
(a)rejects an application for the grant of a personal licence under section 120, or
(b)rejects an application for the renewal of a personal licence under section 121,
the applicant may appeal against that decision.
(2)Where a licensing authority grants an application for a personal licence under section 120(7), the chief officer of police who gave the objection notice (within the meaning of section 120(5)) may appeal against that decision.
(3)Where a licensing authority grants an application for the renewal of a personal licence under section 121(6), the chief officer of police who gave the objection notice (within the meaning of section 121(3)) may appeal against that decision.
(4)Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.
(5)Where in a case to which section 124 (convictions coming to light after grant or renewal) applies—
(a)the chief officer of police for the licensing authority’s area gives a notice under subsection (3) of that section (and does not later withdraw it), and
(b)the licensing authority decides not to revoke the licence,
the chief officer of police may appeal against the decision.
(6)An appeal under this paragraph must be made to [F3a magistrates' court].
(7)An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F4designated 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.
(8)On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal licence is to be the respondent in addition to the licensing authority.
(9)Sub-paragraph (10) applies where the holder of a personal licence gives notice of appeal against a decision of a licensing authority to refuse to renew it.
(10)The relevant licensing authority, or the magistrates' court to which the appeal has been made, may, on such conditions as it thinks fit—
(a)order that the licence is to continue in force until the relevant time, if it would otherwise cease to have effect before that time, or
(b)where the licence has already ceased to have effect, order its reinstatement until the relevant time.
(11)In sub-paragraph (10) “the relevant time” means—
(a)the time the appeal is dismissed or abandoned, or
(b)where the appeal is allowed, the time the licence is renewed.
Textual Amendments
F3Words in Sch. 5 para. 17(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(i)
F4Words in Sch. 5 para. 17(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(ii)
Commencement Information
I1Sch. 5 para. 17 (except paragraphs (1)(b)(9)(10)) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch. and Sch. 5 para. 17 in force otherwise at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)
Valid from 24/11/2005
18(1)This paragraph applies where, on a review of a premises licence under section 167, the relevant licensing authority decides under subsection (5)(b) of that section—E+W
(a)to take any of the steps mentioned in subsection (6) of that section, in relation to a premises licence for those premises, or
(b)not to take any such step.
(2)An appeal may be made against that decision by—
(a)the holder of the premises licence, or
(b)any other person who made relevant representations in relation to the review.
(3)Where an appeal is made under this paragraph against a decision to take any of the steps mentioned in section 167(6)(a) to (d) (modification of licence conditions etc.), the F5. . . magistrates' court may in a case within section 168(3) (premises closed when decision taken)—
(a)if the relevant licensing authority has not made an order under section 168(5) (order suspending operation of decision in whole or part), make any order under section 168(5) that could have been made by the relevant licensing authority, or
(b)if the authority has made such an order, cancel it or substitute for it any order which could have been made by the authority under section 168(5).
(4)Where an appeal is made under this paragraph in a case within section 168(6) (premises closed when decision to revoke made to remain closed pending appeal), the F5. . . magistrates court may, on such conditions as it thinks fit, order that section 168(7) (premises to remain closed pending appeal) is not to apply to the premises.
(5)An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the [F6designated officer] for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the relevant licensing authority of the decision appealed against.
(6)On an appeal under this paragraph by a person other than the holder of the premises licence, that holder is to be the respondent in addition to the licensing authority that made the decision.
(7)In this paragraph—
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant licensing authority” has the same meaning as in Part 3 of this Act; and
“relevant representations” has the meaning given in section 167(9).
Textual Amendments
F5Words in Sch. 5 para. 18(3)(4) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(i)
F6Words in Sch. 5 para. 18(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(ii)
F7Sch. 5 para. 18(7): definition of "appropriate magistrates' court" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(d)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: