Appeals14
1
An applicant for a licence may appeal to the Secretary of State against the refusal of a licence and for the purposes of this regulation a failure to issue a decision on an application within three months of the date on which the application was received by the licensing authority shall, subject to regulation 19(4), be treated as a refusal.
2
A licence-holder may appeal to the Secretary of State against—
a
any non-standard condition attached to a licence;
b
the revocation or variation of a licence; or
c
the refusal to vary a licence.
3
Before the determination of an appeal the Secretary of State shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and—
a
the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard;
b
the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.
4
5
The Secretary of State may dismiss or allow the appeal and if he allows the appeal he shall direct the licensing authority—
a
where the appeal is against refusal of a licence, to grant a licence on the conditions specified in regulation 7(1) and on such other conditions relating to safety, if any, as he may specify in the direction;
b
where the appeal is against any non-standard condition attached to a licence, to remove the condition or vary it in the way specified in the direction;
c
where the appeal is against the revocation of a licence, to reinstate the licence with such variations, if any, as he may specify in the direction; or
d
where the appeal is against the variation of a licence or against the refusal to vary a licence, to reinstate the licence in the form in which it was before the variation or to vary the licence in the way specified in the direction.