OpenLegislation

Regulation 5 Appeals — further provisionsI1

England and Wales

(1)

In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—

(a)

if the appeal involves the alleged commission of an offence the authority must prove the commission of the offence beyond reasonable doubt, and

(b)

the First-tier Tribunal must determine the standard of proof in any other case.

(2)

The First-tier Tribunal may—

(a)

withdraw the notice or any requirement contained in it;

(b)

confirm the notice or any requirement contained in it;

(c)

vary the notice or any requirement contained in it;

(d)

take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice;

(e)

remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).

Annotations

Commencement

I1

Reg. 5 in force at 6.4.2011, see reg. 1(2)