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Appeals Under The Licensing Act 2003

Appeals Under The Licensing Act 2003

In submitting an appeal against a decision of a licensing committee or sub-committee it is always important to bear in mind that the appeal must be made on behalf of the license holder be that an individual or a corporate entity such as a limited company. It is often the case that the wrong name may be used e.g. the name of the business owner even though the license is held in the name of a limited company. In Essence Bars (London) Ltd (TA Essence) V Wimbledon Magistrates Court (2016) EWCACiV63 it was held that a Magistrates Court does in fact have discretion under Magistrates Court Act 1980 section 123 to amend an appeal notice to state the correct name of the appellant. In that case the notice of appeal had named the individual manager as the complainant, but the description of the license holder had given the name of the bar which was in fact a trading name. It was held that the Magistrates Court had discretion to amend the name accordingly.

Blog by Winston Brown

Winston Brown is the Principal Solicitor of Brown & Co Solicitors which specialise in licensing law. If you wish to discuss your matter, please call us on 020 8858 5996, or email us at enquiries@brownandcosolicitors.co.uk

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