Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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Appeal against revocation of licence | ||
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21. (1) This section applies where a licensee is given notice under section 19 (2) of a proposal to revoke a licence. | ||
(2) The Executive shall not proceed with the revocation of a licence under section 19 where an appeal has been made under this section. | ||
(3) The licensee may appeal the proposed revocation to the District Court not later than 28 days from the date of the service of the notice referred to in subsection (1). | ||
(4) An appeal under subsection (3) shall be on notice to the Executive. | ||
(5) Where the appeal under subsection (3) relates to the revocation of a licence authorising the sale by retail on or from a premises, the appeal under subsection (3) shall be made to the judge of the District Court within whose jurisdiction the premises to which the appeal relates is located. | ||
(6) Subject to subsection (7), where the appeal under subsection (3) relates to the revocation 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 bringing the appeal is ordinarily resident. | ||
(7) An appeal by a licensee not ordinarily resident in the State shall be brought before a judge of the District Court assigned to the Dublin Metropolitan District. | ||
(8) On the hearing of an appeal under subsection (3), the District Court may— | ||
(a) affirm the revocation, or | ||
(b) allow the appeal. | ||
(9) Where the District Court allows the appeal, the Executive shall reinstate the licence. | ||
(10) Subject to subsection (11), the decision of the District Court under subsection (8) is final. | ||
(11) A licensee or the Executive may, with leave of the District Court, appeal the decision of the Court under subsection (8) to the High Court on a point of law. |