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How to appeal a licensing authority's decision?

Writer's picture: Simon FrancisSimon Francis

How to appeal a licensing authority's decision?-If you're dissatisfied with a decision made by a licensing authority in the UK, you have the right to appeal. Here's a step-by-step guide to the appeals process:


1. Determine Your Eligibility to Appeal

You can appeal if you are:

  • An applicant whose licence application was rejected or granted with conditions you find unreasonable.

  • A licence holder affected by a decision, such as the imposition of new conditions or the exclusion of certain licensable activities.

  • A responsible authority or an interested party (e.g., local resident) who made representations during the application process and disagrees with the decision.


2. Understand the Grounds for Appeal

Appeals can be made against decisions including:

  • Rejection of a licence application.

  • Imposition of specific conditions on a licence.

  • Exclusion of certain licensable activities.

  • Refusal to transfer a licence or specify a premises supervisor.

  • Decisions following a licence review.


3. File Your Appeal Promptly

You must lodge your appeal within 21 days of being notified of the licensing authority's decision. This is detailed in the framework of the Licensing Act 2003.


4. Submit Your Appeal to the Appropriate Court

Appeals are heard by the Magistrates' Court in the local justice area where the premises are situated. To initiate the appeal, submit a notice of appeal to the designated officer of the court.

Local Government Lawyer


5. Prepare for the Appeal Hearing

During the hearing, the court will review the merits of the case afresh, considering all evidence presented. The court may:

  • Dismiss the appeal.

  • Substitute the licensing authority's decision with its own.

  • Remit the case back to the licensing authority with directions.

It's advisable to seek legal representation to navigate the complexities of the appeal process effectively.



6. Be Aware of Potential Costs

If your appeal is unsuccessful, the court may order you to pay the legal costs of the other parties involved. Therefore, it's crucial to assess the merits of your case carefully before proceeding.


7. Understand Further Appeal Options

If you're dissatisfied with the Magistrates' Court's decision, you may have the option to appeal to the Crown Court. However, this process can be complex and may require legal advice.


How to appeal a licensing authority's decision?

For detailed guidance, contact us at Licensing Professionals, experienced in licensing matters.


Licensing Professionals guide to the Licensing act 2003
How to appeal a licensing authority's decision?

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