Gambling Act 2005

Valid from 01/12/2007

226 Appeal E+W+S

(1) This section applies where a licensing authority—

(a) give a counter-notice under section 224, or

(b) give a notice under section 225.

(2) Any of the following may appeal—

(a) the person who gave the temporary use notice, and

(b) a person who was entitled to receive a copy of the temporary use notice under section 219.

(3) An appeal under this section must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the temporary use notice relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 14 days beginning with the day on which the appellant receives notice of the action against which the appeal is brought.

(4) A person who was entitled to receive a copy of the temporary use notice under section 219 must determine whether to appeal, and institute any appeal, as soon as is reasonably practicable.

(5) Where an appeal is brought against the giving of a notice under section 225 the person who gave the temporary use notice shall be a respondent in addition to the licensing authority.

(6) On an appeal under this section the magistrates' court may—

(a) dismiss the appeal;

(b) direct the licensing authority to take action of a specified kind;

(c) remit the case to the licensing authority to decide in accordance with a direction of the court;

(d) make an order about costs.

(7) Subsection (2) applies to a decision of a licensing authority following remittal under subsection (6)(c) above.

(8) A party to an appeal under this section may bring a further appeal to the High Court on a point of law.

(9) In relation to premises in Scotland—

(a) subsection (3)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (3)(b) shall not have effect,

(c) the reference in subsection (6) to the magistrates' court shall have effect as a reference to the sheriff,

(d) the reference in subsection (6) to costs shall have effect as a reference to expenses, and

(e) the reference in subsection (8) to the High Court shall have effect as a reference to the Court of Session.