Appeals to the Magistrate
You are entitled to appeal against a refusal of your application and also against imposed conditions. Appeals go to the Magistrates Court.
If you wish to appeal against the decision of a licensing authority on a premises licence, you appeal to the magistrates responsible for the area in which your store is situated. This may not be the same area as where your licensing authority is located.
If the local authority has granted your licence against objections, the objectors are also entitled to appeal against the local authority’s decision. In this case you and the local authority are entitled to respond to the appeal in Court.
To make an appeal you have to submit a notice of appeal within 21 days of being formally notified of the licensing authority’s decision. The submission is made to the justice’s chief executive for the magistrate’s court.
The Court can decide on the award of costs.
The Court is empowered to make the following decisions:
- dismiss the appeal;
- substitute the local authorities decision for another decision (grant an application dismissed by the licensing authority, or remove conditions imposed by the local authority);
- The Court can send the application back for consideration by the local authority but give directions as to what they have to do.