SCHEDULES
SCHEDULE 12Club Gaming Permits and Club Machine Permits
Appeal
C2C1I1I2I325
1
Where a licensing authority reject an application for the issue or renewal of a permit the applicant may appeal.
2
Where a licensing authority grant an application for the issue or renewal of a permit in relation to which an objection was made under paragraph 4, the person who made the objection may appeal.
3
Where a licensing authority cancel a permit the holder may appeal.
4
Where a licensing authority determine not to cancel a permit, any person who in accordance with regulations under paragraph 21(2)(d) made representations to the authority in connection with their consideration whether to cancel the permit may appeal.
5
An appeal under this paragraph must be instituted—
a
in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,
b
by notice of appeal given to the designated officer, and
c
within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.
6
On an appeal a magistrates' court may—
a
dismiss the appeal;
b
substitute for the decision appealed against any decision that the licensing authority could have made;
c
restore a permit (with effect from such date and on such transitional or other terms as the court may specify);
d
remit the case to the licensing authority to decide in accordance with a direction of the court;
e
make an order about costs.
7
In relation to premises in Scotland—
a
sub-paragraph (5)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
b
sub-paragraph (5)(b) shall not have effect,
c
the reference in sub-paragraph (6) to the magistrates' court shall have effect as a reference to the sheriff, and
d
the reference in sub-paragraph (6)(e) to costs shall have effect as a reference to expenses.
8
Sub-paragraphs (1) to (4) apply to a decision of a licensing authority following remittal under sub-paragraph (6)(d) above.