You can appeal a licensing decision if you disagree with the outcome of your premises licence application.
This page is for information only and does not provide legal advice.
If you are unsure whether to appeal, you should seek independent legal advice.
If your appeal is unsuccessful, you may be ordered to pay the other parties’ costs.
Who can appeal
You can appeal to the magistrates’ court if you are:
- the applicant, and your application for a premises licence was refused, or conditions were added that you disagree with
- a person who made relevant representations, if you believe the licence should not have been granted, or should have been granted with different or additional conditions
What the court can do
The magistrates’ court can:
- dismiss the appeal
- amend the decision or replace it with any decision the licensing authority could have made
- send the case back to the licensing authority for reconsideration
The court must give weight to the original decision of the licensing sub-committee.
It will only overturn the decision if it believes it was wrong, taking into account:
- the licensing objectives
- the council’s licensing policy
The court is concerned with the decision itself, not how it was reached.
The court can also make an order for costs. Usually, the losing party pays the other side’s costs.
How to appeal
You must start your appeal within 21 days from the date the decision notice was issued.
Appeals must be made to the magistrates’ court.
A court fee will be payable.
Manchester Magistrates’ Court
Crown Square, Manchester, M60 1PR
Tel: 0161 830 4200
Email: GMMagsCourts@justice.gov.uk
Case reference
R (Hope and Glory Public House Limited) v City of Westminster Magistrates’ Court and Westminster City Council [2011] EWCA Civ 31
This Court of Appeal case confirmed that magistrates’ courts must give proper weight to the original decision of the licensing sub-committee.
They should only overturn that decision if it is wrong, taking into account the licensing objectives and the council’s licensing policy.