12.31. Appeals in relation to temporary use notices are dealt with in s.226 of the Act, which gives both the applicant and any person entitled to receive a copy of the notice (that is the Commission, local chief of police and HM Revenue & Customs (opens in new tab)), the right of appeal to the Magistrates’ court or Sheriff. Appeals must be made within 21 days of receiving notice of the licensing authority’s decision. If the appeal is against the decision of the authority not to issue a counter-notice, then the person giving notice must be joined with the licensing authority as a respondent in the case.

12.32. The Magistrates’ court or Sheriff may dismiss the appeal, direct the authority to take specified action, remit it back to the authority to decide in accordance with a decision of the court, with the same rights of appeal as applied to the original decision, and may make an order for costs.

12.33. There is no stay of proceedings in relation to temporary use notices, as there is in relation to applications under Part 8 of the Act. However, the Commission would expect an appeal to be heard before the temporary use notice would otherwise take effect.

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Last updated: 19 April 2023

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