SCHEDULES
SCHEDULE 4Licensing Act 2003: amendments relating to illegal working
PART 5Appeals
I123
Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.
I224
1
Paragraph 6 (transfer of licence) is amended as follows.
2
In sub-paragraph (1)—
a
after “42(6)” insert “
or the Secretary of State gave a notice under section 42(8)
”
;
b
after “(which” insert “
, in either case,
”
.
3
In sub-paragraph (2), after “police” insert “
or the Secretary of State, as the case may be,
”
.
I325
1
Paragraph 7 (interim authority notice) is amended as follows.
2
In sub-paragraph (1)(b)—
a
after “48(2)” insert “
or the Secretary of State gives a notice under section 48(2B)
”
;
b
after “(which” insert “
, in either case,
”
.
3
In sub-paragraph (3), for “the notice under that subsection,” substitute “
the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2),
”
.
4
After sub-paragraph (3) insert—
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.
I426
In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “
or (3A)
”
.
I527
1
Paragraph 17 (personal licences) is amended as follows.
2
In sub-paragraph (2)—
a
for “section 120(7)” substitute “
120(7A) after the giving of a notice under section 120(5)
”
;
b
for “objection notice (within the meaning of section 120(5))” substitute “
notice
”
.
3
After sub-paragraph (2) insert—
2A
Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.
4
After sub-paragraph (5) insert—
5A
Where in a case to which section 124 applies—
a
the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and
b
the licensing authority decides not to revoke the licence,
the Secretary of State may appeal against the decision.
5
In sub-paragraph (8), for “(2), (3) or (5)” substitute “
(2), (2A), (5) or (5A)
”
.
I628
At the end insert—
PART 4Questions about leave to enter or remain in the UK
19
On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether—
a
an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or
b
an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.