Animal Health and Welfare Act 2013

69.

Appeal against refusal or revocation of licence.

69.—(1) If the Minister revokes or refuses to grant a licence, the holder of, or applicant for, the licence may, not later than 21 days after the date of the service of the notice of the revocation or refusal, appeal to the District Court against the refusal or revocation.

(2) If the Minister revokes a licence, the holder may, if the Minister is satisfied that there is no danger to public health, continue to carry on the business of an animal mart or other activity or event—

( a) until the time for bringing an appeal has elapsed, or

( b) if an appeal is made, until such time as the appeal is determined in the District Court, and thereafter the business, activity or event may be conducted only by leave of the District Court.

(3) Where, in accordance with subsection (2) the holder of a licence continues to carry on the business of an animal mart, activity or event, notwithstanding the revocation, this Part continues to apply as if the licence with respect to that mart, activity or event had not been revoked.

(4) On the hearing of an appeal under this section, the District Court may—

( a) dismiss the appeal, or

( b) allow the appeal and direct the Minister to grant the licence or cancel the revocation,

and the decision of the District Court shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.

(5) On the hearing of an appeal under this section, the onus of establishing that the provisions of this Part in relation to the granting or continuing in force of a licence have been complied with shall lie on the person making the appeal.

(6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge for the time being assigned to the District Court District where the person making the appeal resides or carries on business.