Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Appeals | ||
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157. (1) Without prejudice to the generality of section 223 , an applicant who is aggrieved by a decision of the licensing authority to— | ||
(a) refuse to grant a licence, | ||
(b) attach conditions to his or her licence, | ||
(c) refuse to give a consent referred to in section 155 (2), or | ||
(d) attach conditions to a consent referred to in section 155 (2), | ||
may appeal in the specified form (which shall state the grounds of appeal relied upon by the applicant) against the decision to an appeals officer. | ||
(2) The appeals officer to whom an appeal has been made shall give a copy of the appeal to the licensing authority who made the decision that is the subject of the appeal. | ||
(3) The licensing authority shall give observations in writing relating to the grounds of appeal to the appeals officer and a copy of such observations to the appellant concerned and the appellant shall be afforded a reasonable opportunity to reply thereto. | ||
(4) The appeals officer may, in determining an appeal— | ||
(a) confirm the decision of the licensing authority, or | ||
(b) recommend that the decision of the licensing authority should be set aside or be varied in such particulars as the officer considers appropriate, | ||
and shall give notice in writing of his or her determination and the reasons for it to the appellant and the licensing authority. | ||
(5) Where the licensing authority does not accept the recommendation of the appeals officer under subsection (4)(b), the authority shall give notice in writing to the appeals officer and the appellant of his or her decision not to accept such recommendation and the reasons for not accepting the recommendation. | ||
(6) An appellant may withdraw an appeal under this section by sending a notice of withdrawal to the appeals officer to whom the appeal was made. | ||
(7) Time limits may be prescribed for the making and determination of appeals under this section. |