Gambling Regulation Act 2024
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Appeals to Circuit Court | ||
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222. (1) An appellant may bring an appeal to the Circuit Court on notice to the Authority— | ||
(a) against the decision of the Authority under section 109 , 114 (4), 115 , 124 , 126 or 127 , or | ||
(b) where a notice of non-compliance states, in accordance with subsection (2)(a) of section 193 , that the Authority is satisfied that the licensee has contravened or is contravening a relevant obligation and specifies one or more than one condition under subsection (2)(b)(ii) of that section, against that finding as to contravention or against the imposition of any subsequent condition or conditions, or both. | ||
(2) An appeal to the Circuit Court under subsection (1) shall be made not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant. | ||
(3) An appeal to the Circuit Court under subsection (1) shall be brought— | ||
(a) where the appellant is resident in the State, in the circuit where the appellant ordinarily resides or carries on any profession, trade or business, and | ||
(b) in all other cases, to the Dublin Circuit Court. | ||
(4) In determining an appeal under this section, the Circuit Court may— | ||
(a) refuse the appeal, | ||
(b) where the appeal is made in respect of a decision under section 109 , 114 (4), 115 , 126 or 127 , allow the appeal and direct the Authority to transfer, grant or renew the licence, as the case may be, under the section concerned, | ||
(c) where the appeal is made in respect of a decision under section 124 , allow the appeal and direct the Authority to issue a certificate under that section, or | ||
(d) where the appeal is made under subsection (1)(b), allow the appeal— | ||
(i) in so far as it relates to the imposition of a condition, or | ||
(ii) where applicable, in respect of both the finding as to contravention and the imposition of a condition. | ||
(5) The Authority shall comply with a direction given to it under subsection (4)(b) or (c) and shall notify the appellant as soon as practicable after it does so. |