Appeals against the grant of a premise licence

This note is for the purposes of information only. It does not purport to offer any legal advice as to whether or not it is appropriate to appeal against a decision to grant a premises licence or offer an opinion as to the strengths or weaknesses of any parties case.

You should take independent legal advice if you are unsure whether to appeal as you may be ordered to pay the costs of the other parties if your appeal is unsuccessful.

Who can appeal

The applicant for a premises licence can appeal against the rejection of their application or against the imposition of any conditions.

A person who made relevant representations may appeal on the grounds that the licence ought not to have been granted or should have been granted subject to additional or different conditions.

What the Court can do

The Court may:

• Dismiss the appeal;
• Amend the decision for any other decision that the licensing authority could have made, or;
• Remit the case to the licensing authority for reconsideration.

The court of appeal has directed that[1] the magistrates’ court must pay great attention to the licensing sub-committee’s decision, not lightly reverse it, hear evidence, only reverse the original decision if it is wrong and consider the promotion of the licensing objectives and the council’s statement of licensing policy. The court is not concerned with the way in which the committee reached its decision, but the decision itself.

The court can also make any order for costs it thinks fit and will usually order the party that loses its case to pay the costs of the other parties involved

How to appeal

An appeal must be commenced within 21 days from the date the decision notice was issued to the appellant. 

 An appeal must be started by making application to the magistrates’ court. A court fee will payable. Manchester magistrates’ court may be contacted at:

• Manchester Magistrates’ Court, Crown Square, Manchester M60 1PR
• Telephone: 0161 830 4200   
• Email: GMMagsCourts@justice.gov.uk

[1] The Queen on the Application of Hope, Glory Public House Limited v City of Westminster Magistrates Court v

The Lord Mayor and the Citizens of the City of Westminster [2011] EWCA Civ 31