In this section
Appeal process
Your right to appeal
The Gambling Commission will make an internal assessment of each licence application. We (the Tribunal) cannot accept an appeal without having seen the final decision letter from the Commission informing you of your right of appeal. You have 1 month from the date of the Commission's letter to submit your appeal to us.
Notice of Appeal Process
On receipt of your Notice of Appeal form and the appropriate fee we will review your application and will write to tell you if there is any additional evidence/supporting documents you need to provide.
We will notify the Gambling Commission of their need to file with us within 28 days, a 'statement of case' in support of its original decision. A copy of this information will be sent to you, and you will have 28 days to send us your response.
If the Commission does not respond to the appeal we may decide to ake action. You will be notified if this happens. Once we have collected all the evidence we will manage your appeal to ensure it is ready for Tribunal hearing.
In some instances an appeal application is referred for judicial direction, and the judiciary may ask that you provide more evidence. If they do, we will write to tell you what additional information you need to send to us.
The judiciary may decide to hold a Preliminary Hearing to resolve any outstanding issues. A Preliminary Hearing is not the full hearing of an appeal. However, the Chairperson may sometimes allow or dismiss an appeal at this stage, or at any stage prior to the full hearing, providing they receive the written consent of both parties.
The judiciary may also decide to hold a Pre-Hearing Review. This process enables the issuing of appropriate directions to parties to ensure the panel has everything necessary to make a decision at the full hearing.
The ' Notice of Hearing' will be sent to you by post. The Notice will contain information on the date, time and address of your hearing as well as what you may be required to provide in advance of the hearing. You will be sent a guide to the hearing centre where your appeal will be heard.
The Tribunal Chairman may deliver their decision orally at the end of the hearing or in writing at a later date. A written decision will be sent to you and the other party by post.
Appealing against the Tribunal's decision
If you feel that the decision is wrong as a result of an error by Tribunal staff, or if new evidence has become available following the conclusion of the hearing (the existence of which could not have been reasonably known or foreseen), then you can apply to the Tribunal for a review of its decision. Alternatively, you may be able to appeal to the High Court (in England and Wales) or the Court of Session (in Scotland). You must apply to the Tribunal first for permission to Appeal to the High Court or the Court of Session.
You must make any such application to us immediately after your hearing, or within 14 days of recieving the written decision. Your application for review will be referred to a judicial member for consideration and, if we decide to review our decision, the original decision may be put aside (overruled). A new decision may then be substituted or a re-hearing scheduled.
Applying for permission to bring an appeal from the Tribunal
If you consider our decision to be wrong on a point of law then you have the right of appeal to the High Court (England and Wales), or the Court of Session (Scotland). You must however, seek permission from us to appeal our decision. If you have received an oral decision, then your application should be made immediately after the end of your hearing. However, if your application follows a written decision, then your application must be received within 14 days.
If we refuse your application you can make an application direct to the High Court or Court of Session.
Legal Aid
Legal aid is not generally available for representation at tribunals. This is because unlike courts, tribunal users should, in most cases, be able to present evidence by themselves. So for this reason it is not necessary to extend legal aid funding to tribunal applicants for representation purposes.
Funding for general legal advice (falling short of representation) is available to those who qualify financially under the Legal Help Scheme. This allows legal aid solicitors to advise clients on tribunal procedures and to assist them in preparing their case. This includes the preparation of case papers and obtaining counsel's opinion where appropriate. More information about Legal Help, can be found on the Community Legal Advice website or by telephoning them on 0845 345 4 345.
In some cases, however, users may not be able to represent themselves because of difficulties of language, for example, or because of mental incapacity, or where the outcome of a case might be particularly serious. In these circumstances, legal aid can be granted exceptionally for representation, by the Lord Chancellor, under the provisions of section 6(8)(b) of the Access to Justice Act 1999. To qualify for this funding an applicant will have to pass strict criteria. Applications should be made in the first instance to the Special Cases Unit, via a solicitor, at the Legal Services Commission who, if they agree, will recommend the application to the Lord Chancellor.
