Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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Appeal against refusal of licence | ||
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16. (1) This section applies where a person is notified under section 12 (5) or 15 (6) of a decision by the Executive to refuse to grant or renew a licence. | ||
(2) The person may appeal such decision to the District Court not later than 21 days from the date of the service of the notice referred to in subsection (1). | ||
(3) An appeal under subsection (2) shall be on notice to the Executive. | ||
(4) Where an appeal under subsection (2) relates to the refusal of a licence authorising the sale by retail on or from a premises, the appeal shall be made to the judge of the District Court within whose jurisdiction the premises is located. | ||
(5) Subject to subsection (6), where the appeal under subsection (2) relates to the refusal of a licence authorising the sale by retail from a website (or otherwise online), the appeal shall be made to the judge of the District Court within whose jurisdiction the person making the appeal is ordinarily resident. | ||
(6) An appeal by a person not ordinarily resident in the State shall be brought before a judge of the District Court assigned to the Dublin Metropolitan District. | ||
(7) On the hearing of an appeal under subsection (2), the District Court may— | ||
(a) confirm the decision, or | ||
(b) allow the appeal. | ||
(8) If the District Court allows the appeal, the Executive shall issue a licence or, as the case may be, renew the licence. | ||
(9) Subject to subsection (10), the decision of the District Court on an appeal under subsection (2) on a question of fact is final. | ||
(10) The person who made the appeal or the Executive may, with leave of the District Court, appeal the decision of the Court under subsection (7) to the High Court on a point of law. |