The Cost of Licensing Appeals to Rise By Over 500%

September 07

From 1 October 2007 the fee payable by premises licence holders for initiating any appeal to the Magistrates Court will increase from £75 to £400. 

It would appear that the fee will remain at £75 for responsible authorities and ‘interested parties’ including residents, so as not to ‘deter them from their right of appeal’ in appropriate circumstances.

The Court Service have confirmed to us that even before the formal order is to be laid before parliament, it is intended that this new fee of £400 will apply to all appeals initiated on or after that date by a premises licence holder, whether against a refusal to grant a premises licence, the imposition of conditions imposed, a decision following a review application, or in any way related to the premises licence.

On conclusion of an appeal the successful party can apply to the Magistrates for an order that the unsuccessful party pays all or part of their costs of the appeal. The question of costs is a matter of discretion for the Magistrates, and given the rise in fees is likely to become more of an issue when appeals are commenced, either by an applicant or an interested party.

 

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