A peep show was a ‘sex encounter establishment’ and not premises for which a ‘public singing and dancing’ licence was correct. Lewd masturbatory displays do not constitute ‘music and dancing’. Citations: Independent 24-Mar-1995, Times 14-Apr-1995 Statutes: Local Government (Miscellaneous Provisions) Act 1982 sch 3, Greater London Council (General Provisions) Act 1986 Jurisdiction: England and Wales … Continue reading Wiilowcell Ltd v Westminster City Council: CA 24 Mar 1995
The House treated words as surplusage in a statute which contained criminal sanctions in order to avoid the substantial frustration of the object of the Act. Words in an Act are not to be rendered ‘insensible, absurd or ineffective to achieve its evident purpose.’Lord Bridge said: ‘It is a canon of construction that, if it … Continue reading McMonagle v Westminster City Council: HL 1989
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all … Continue reading Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system. Held: The claim succeeded. The council’s Licensing Sub-Committee had failed … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012
The defendants had been acquitted of running a sex establishment otherwise than in accordance with a licence from the appellant authority. The defendant had leased premises which were known to have been running such, but the defendant director had not been shown to have known that the tenant did not have a licence. The Council … Continue reading Westminster City Council v Croyalgrange Ltd and Another: HL 15 May 1986
The council set up a scheme requiring door security workers to be licensed, as a condition of the grant of entertainment licences. The applicant so worked but was not aware of the scheme. He challenged the introduction of the scheme. It was asserted that there existed no power to attach such conditions to licenses. The … Continue reading Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001
The claimant challenged a scheme for licensing door staff on licensed premises within the city. Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been unlawful. Judges: Maurice Kay J Citations: [2000] EWHC Admin 321 Links: Bailii … Continue reading Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000
A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The company was then prosecuted for trading without a licence. It sought to allege that the local … Continue reading Quietlynn Ltd v Plymouth City Council: QBD 1987
The council adopted schemes licensing on street trading. The applicants had established uses on streets where such activity was now prohibited. The council offered alternative trading sites on payment of annual fees. The applicants asserted the scheme was Wednesbury unreasonable, having not made allowance for existing uses permitted by law. The authority should have made … Continue reading Davies and Another v Crawley Borough Council: Admn 1 Nov 2001
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