Sections 206 to 209: Rights of Appeal
526.These sections set out which licensing authority decisions under this Part are subject to appeal, and by whom. They include a decision to reject or grant an application (including rejection or grant of an application to reinstate a licence, and an application for a provisional statement); a decision whether to take action as a result of a review; and a decision whether to transfer a licence. In addition, Schedule 9 provides that an applicant may appeal against a decision to impose a time limit on the period for which a provisional casino premises licence applies.
527.Appeals under this Part must be made, in England and Wales, to the magistrates’ court within 21 days of the relevant decision. Unless he is the appellant, the licence holder or applicant, as the case may be, must be joined as a respondent in addition to the licensing authority.
528.The magistrates may dismiss the appeal, substitute a new decision that could have been made by the licensing authority, remit the case back to the licensing authority, and also make an order about costs. Where the case is remitted, there is a further right of appeal on the same terms. In Scotland, appeals will be made to the sheriff on the same terms, except that there will be no right for the sheriff to substitute his own decision.
529.Any determination or action under this Part will be stayed during an appeal, or during the period within which an appeal could have been brought, unless the licensing authority, when making a determination or taking action, directs otherwise (in which case the magistrates’ court or sheriff may make any appropriate order). There is a further right of appeal on a point of law to the High Court in England and Wales, or the Court of Session in Scotland.
