There is a general right to appeal various decisions made by licensing authorities.
Appeals may be made to any Magistrates Court in England and Wales, however, in reality an appeal is likely to be made to the Magistrate Court in the area in which the relevant premises is situated.
A notice of appeal must be served within 21 days of being notified of the decision being challenged.
The decision of the licensing authority being appealed will have effect during the 21-day period for appeals. If an appeal is made, the decision will also have effect until the appeal is disposed of. Where the appeal is against a Review of a Premises Licence, the licensing authority’s decision will NOT have effect until the end of the appeal period or the disposal of the appeal.
In determining an appeal, the Magistrates Court may:
- Dismiss the appeal;
- Substitute the decision appealed against any other decision that could have been made by the licensing authority;
- Remit the case to the licensing authority to dispose of in accordance with the direction of the Court and make cost orders that the Court thinks fit.
The Court generally orders any unsuccessful party to the appeal to pay the other party’s legal costs.
The common types of appeals
- Challenging the decision of the licensing authority to reject an application for a new Premises Licence
- Challenging any decision of the licensing authority after applications to vary, transfer or review a Premises Licence
How we can help
We can advise you about the merits of a potential appeal, draft the grounds and notice of appeal and prepare your case / represent you at the hearing. We are not only experts in Licensing law, we are also experienced trail advocates and can handle all aspects of your licensing appeal.
A restaurant in Kent has its Premises Licence revoked after a Review hearing brought by the police and the local authority. We launched an appeal to challenge the decision to revoke which allowed the restaurant to continue trading until the appeal was determined. After lengthy negotiation, the case settled before it came to trial with the local authority agreeing to withdraw its case on condition that a short and temporary period of suspension was substituted for the revocation. There was no order for costs.
What our clients say
Very good service. It was an issue with my alcohol license. They are very professional. I recommend TV Edwards.
Excellent. Very professional.
Our Licensing fees vary depending on the complexity of each case. Every appeal is different. Some applications will be relatively straightforward whist others might be extremely complex. Factors will include the nature of the decision being appealed against, the numbers of witnesses involved, the volume of material to be considered and the length of the trial.
Further information on our Licensing fees can be found here.