News Archive
News Articles
LR Law wins lap dancing SEV licence for club in Warrington Manchester City Council - revised Sex Establishment Policy LR Law wins taxi licence appeal against Warrington Borough Council Taxi driver's licence granted on appeal Electronic Licensing Applications - Council cannot reject paper applications Decision in Matthew Taylor v MCC & TCG Bars Limited Proposals to fiddle with the licensing regime again - another Home Office consultation Premises Licence lapsed? Company struck off - can't trade - we can help Live Music Act 2012 comes into force today! Edinburgh Licensing Board - licensing in Scotland Rusholme, Manchester - Licensing enforcement by Manchester City Council Fallowfield, Withington and Wilmslow Road - Act now for new Premises Licence or variation! LR Law to obtain Premises Licence for the Memorial Hall, Manchester LR Law secures Premises Licence for Festival No6 Portmeirion Anybody been threatened with suspension of Premises Licence for failing to pay annual fee yet? Need to apply for a TEN for Manchester Pride or Liverpool Pride? Manchester City Council - New cumulative impact policy consultation LR Law helps Blackpool Council curb activities at rowdy guesthouse Lifting a firearm prohibition Lapse of Premises Licence - been told to cease trading? Revised Guidance to Licensing Act 2003 PCT's now Responsible Authorities Applying for a Premises Licence Premises Licence suspension - non payment of annual fee TEN applications deadline - last chance! Tobacco "plain packaging" consultation opens Premises Licence hours - British Summer Time enforcement Licensing helpline - late notice TEN applications Late Night Refreshment - Apply for a Premises Licence LR Law wins Premises Licence review appeal against Knowsley MBC Euro 2012 football tournament - licensing Appeal a Premises Licence decision Changes to Temporary Event Notice (TEN) procedures Licensing Act 2003 - Special Policy areas Cricketers appeal - decision awaited Shandy licence - is it "alcohol"? Pavement cafe licences - get applications in now! Street Trading Licence - can a car park be a street? Tobacco Displays made Illegal British Summer Time Diamond Jubilee Licence Extensions Don't Let Olympics Risk Your Licence - Doorstaff The benefits of independent test purchasing Illicit "Drop Vodka" Our New Website - at last! Cricketers, Wavertree - appeal to go ahead on 19th March 2012 View latest newsAppeal a Premises Licence decision - Wednesday 28th March 2012
Has your application for a new Premises Licence been refused? Did you object to a Licence and it was granted, despite your objections? Or perhaps your Premises Licence was subject to a review and you’re not happy with the outcome?
Any licensing decision made by a Council’s Licensing Sub Committee can be appealed to the Magistrates’ Court under s. 181 Licensing Act 2003. An appeal (by complaint) must be lodged with the local Court within 21 days of being notified of the decision. A fee of £400.00 is payable when lodging an appeal.
It is sensible to instruct a Solicitor to draft and lodge your appeal within the time limit. Unlike unqualified licensing consultants, Solicitors have a right of audience in the Magistrates Courts, which means that they can prepare your appeal and speak on your behalf in Court.
A final hearing date will be fixed, which will be dealt with by way of a re-hearing of the original decision. The onus is on the person appealing the original decision to show that it was “wrong”. Fresh evidence can be introduced.
There can be cost implications on a licensing appeal. Under s.181 Licensing Act 2003, a Court may make “such order as to costs as it thinks fit”. Neither successful appellants nor successful respondents can be guaranteed that they will be able to recover their legal costs. In some cases cost awards can be substantial.
If you are thinking of appealing a licensing decision please give us a call for free initial advice about your prospects. This is not a situation where we would recommend you take action alone or before obtaining legal advice.
Richard Williams – LR Law Licensing Solicitors
