TV Edwards can provide you with expert advice on Appealing Licensing Decisions.
The process was smooth, TV Edwards communicated with me well and I am pleased with the outcome.Representative – Ji Chicken
There is a general right to appeal various decisions made by licensing authorities. You may have had a licensing application rejected or your licence may have been revoked after a Review, and you wish to challenge that decision.
Although appeals may be made to any Magistrates Court in England and Wales, in reality, appeals will 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.
Usually, the decision of the licensing authority being appealed will have effect during the 21-day period for appeals. If an appeal is made and a notice served, the decision will continue to 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. This is an important consideration if you are thinking of launching an appeal, and one on which you will need professional advice.
Common types of Licensing 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 you appeal licensing decisions
We can advise you about the merits of a potential appeal, draft the grounds and notice of appeal, prepare your case and represent you at the hearing.
In addition to being experts in Licensing law, the team are also experienced trial advocates and litigators and are well equipped to handle all aspects of your licensing appeal.
Recent Licensing Appeal Cases
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.
A nightclub in Hertfordshire appealed against the licensing authority’s decision to refuse an application to extend their hours. After negotiation, the case settled shortly before trial with the parties agreeing to a limited extension of hours.
Our Fees in Licensing Appeal cases
Every case is different, and our fees will vary depending on the complexity of the case and the amount of time we think it will take to prepare. Some Appeals 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. Contact us today for a no obligation estimate of our fees in your case.