A decision has been taken at a Licence Sub Committee Review Hearing.
All licences have a mechanism of appeal if a decision is made which you feel is not acceptable. Most appeals go to the magistrates court and if so, then there are particular procedures that have to be followed. We can appeal to the decision of the licensing committee for revocation or suspension of your Premises Licence.
What can you do?
First and foremost, you need to call me on 07747 77 88 99 to discuss your individual circumstances. If you wish to appeal the decision taken, you will have 21 days to do so from the date on the decision letter from the council. The appeal will be to the Magistrates Court.
You may feel like your business is over. Your livelihood gone forever. A revocation of a premises licence can, and does have a devastating effect on any business that relies on the licence to trade.
However, the law does say you have the right of appeal, and this is where we can help you.
Get in touch now on 07747 77 88 99 to discuss the way forward, and see just how we can help you, or if you’d prefer, click below to leave your details for one of our team to give you a call back.
Fees are based on a case by case basis, and will be advised to you in a detailed terms of engagement letter prior to beginning work on your case.
- There is a limited period of time to appeal – normally 21 days from the date of the original decision, depending on the type of licence.
- The appeal usually has to be made in a particular format, called a ‘complaint’, which spells out why the appeal is being made and what was considered to be wrong about the original decision.
- With most appeals, you now need to be able to show that the original decision was wrong. This has not always been the case.
- The appeal considers the matter afresh – it as if any previous hearing never took place
- Written statements are usually needed from witnesses
- The procedure in court may be different to the initial hearing
- The magistrates may come to the same decision or a different one. This decision may be what you want, but you need to be aware that it could also be one that you do not.
Sometimes, it is possible to reach agreement as the appeal progresses and there is no need to proceed to a full licensing appeal hearing. In these cases the matter is normally dealt with by a ‘consent’ or ‘compromise’ order.
Magistrates have the power to award costs as they see fit – this can mean that if you win, you may get some or all of your costs back but following a number of judicial decisions over recent years it is sensible to assume that you will not. Normally, costs awards against a local authority are only made if the authority as behaved unreasonably or irrationally in the appeal process. If you lose, you should be prepared for an order which means that you have to pay some or all of the other parties costs.
Appealing a licensing decision is therefore something that you should consider carefully and some people decide to take out an insurance policy in case things go wrong.
We recommend that if you are considering appeal, you talk the matter through with an expert licensing solicitor before you make your final decision. Because it is so important, we offer a short period of free informal advice or a fixed-fee consultation.
Premises Licence Appeals
