Amended guidance issued under section 182 of the Licensing Act ...

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12. Appeals12.1 This chapter provides advice about entitlements to appeal in connection with variousdecisions made by a licensing authority under the provisions of the 2003 Act. Entitlementsto appeal for parties aggrieved by decisions of the licensing authority are set out inSchedule 5 to the 2003 Act.GENERAL12.2 With the exception of appeals in relation to closure orders, an appeal may be made to anymagistrates’ court in England or Wales but it is expected that applicants would bring anappeal in a magistrates’ court in the area in which they or the premises are situated.12.3 An appeal has to be commenced by the appellant giving of a notice of appeal to thedesignated officer for the magistrates’ court within a period of 21 days beginning with theday on which the appellant was notified by the licensing authority of the decision which isbeing appealed.12.4 The licensing authority will always be a respondent to the appeal, but in cases where afavourable decision has been made for an applicant, licence holder, club or premises useragainst the representations of a responsible authority or any other person, or the objectionsof the chief officer of police or local authority exercising environmental health functions,the holder of the premises or personal licence or club premises certificate or the personwho gave an interim authority notice or the premises user will also be a respondent to theappeal, and the person who made the relevant representation or gave the objection will bethe appellants.12.5 Where an appeal has been made against a decision of the licensing authority, the licensingauthority will in all cases be the respondent to the appeal and may call as a witness aresponsible authority or any other person who made representations against the application,if it chooses to do so. For this reason, the licensing authority should consider keepingresponsible authorities and others informed of developments in relation to appeals to allowthem to consider their position. Provided the court considers it appropriate, the licensingauthority may also call as witnesses any individual or body that they feel might assist theirresponse to an appeal.12.6 The court, on hearing any appeal, may review the merits of the decision on the facts andconsider points of law or address both.12.7 On determining an appeal, the court may:• dismiss the appeal;• substitute for the decision appealed against any other decision which could have beenmade by the licensing authority; or• remit the case to the licensing authority to dispose of it in accordance with the direction ofthe court and make such order as to costs as it thinks fit.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200397
LICENSING POLICY STATEMENTS AND SECTION 182 GUIDANCE12.8 In hearing an appeal against any decision made by a licensing authority, the magistrates’court will have regard to that licensing authority’s statement of licensing policy and thisGuidance. However, the court would be entitled to depart from either the statement oflicensing policy or this Guidance if it considered it was justified to do so because of theindividual circumstances of any case. In other words, while the court will normally considerthe matter as if it were “standing in the shoes” of the licensing authority, it would beentitled to find that the licensing authority should have departed from its own policy or theGuidance because the particular circumstances would have justified such a decision.12.9 In addition, the court is entitled to disregard any part of a licensing policy statement or thisGuidance that it holds to be ultra vires the 2003 Act and therefore unlawful. The normalcourse for challenging a statement of licensing policy or this Guidance should be by way ofjudicial review, but where it is submitted to an appellate court that a statement of policy isitself ultra vires the 2003 Act and this has a direct bearing on the case before it, it wouldbe inappropriate for the court, on accepting such a submission, to compound the originalerror by relying on that part of the statement of licensing policy affected.GIVING REASONS FOR DECISIONS12.10 It is important that a licensing authority should give comprehensive reasons for itsdecisions in anticipation of any appeals. Failure to give adequate reasons could itself giverise to grounds for an appeal. It is particularly important that reasons should also addressthe extent to which the decision has been made with regard to the licensing authority’sstatement of policy and this Guidance. Reasons should be promulgated to all the partiesof any process which might give rise to an appeal under the terms of the 2003 Act.IMPLEMENTING THE DETERMINATION OF THE MAGISTRATES’ COURTS12.11 As soon as the decision of the magistrates’ court has been promulgated, licensingauthorities should implement it without delay. Any attempt to delay implementation will onlybring the appeal system into disrepute. Standing orders should therefore be in place thaton receipt of the decision, appropriate action should be taken immediately unless orderedby the magistrates’ court or a higher court to suspend such action (for example, as a resultof an on-going judicial review). Except in the case of closure orders, the 2003 Act does notprovide for a further appeal against the decision of the magistrates’ courts and normalrules of challenging decisions of magistrates’ courts will apply.98 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
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LICENSING POLICIES1.11 Section 5 of
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2.10 A condition must also be capab
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• Ensuring appropriate and freque
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SAFE CAPACITIES2.28 “Safe capacit
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2.38 Measures to control light poll
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2.49 The 2003 Act provides that, wh
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alcohol to its customer, an authori
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--have given an objection notice be
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4.26 Only one DPS may be specified
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y the licence, it would be necessar
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to the statutory conditions in resp
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VEHICLES5.19 Under the 2003 Act, al
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5.29 Venues that are permanent or p
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6.7 The 2003 Act does not prevent v
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7. Temporary event notices (TENs)7.
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STANDARD AND LATE TEMPORARY EVENT N
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licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97: • for unlawful gambling; and• f
Page 101 and 102: 13. Statements of licensing policy1
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117 and 118: 15. Live music and regulated entert
Page 119 and 120: audience and are provided to, at le
Page 121 and 122: SPONTANEOUS MUSIC, SINGING AND DANC
Page 123: Published by TSO (The Stationery Of
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