The applicant sought special removal of a justices on-licence from former premises to its new premises. Held: The special removal procedure was limited to circumstances of urgency. The applicant had to show that the circumstances fell within the section, and that the premises were about to be pulled down or occupied. The section did not … Continue reading Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others: CA 25 Jun 2004
Objections were raised to the grant of a special hours licence. Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; that some customers might only drink would not defeat an application; the use to … Continue reading Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004
Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim’s Bar were not ‘occupied’ or about to be ‘occupied’ for a ‘public purpose’ within the meaning of section … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004
The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001
A pronouncement by Justices was of no legal effect, having been made ultra vires, and so no certiorari order was necessary or capable of being made to correct it. Citations: Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 16-Mar-1994 Statutes: Licensing Act 1964 20 Jurisdiction: England and Wales Magistrates, Licensing Updated: 19 May 2022; Ref: scu.88289
Licensing justices were not able to insist on the disclosure of the identities of the shareholders of an unlimited company applying for a liquor licence. The Act required the person having day to day control and management of the premises to be known and of satisfactory character. If that was achieved then there was no … Continue reading Regina v Warrington Crown Court, Ex Parte Rbnb (A Company): CA 8 Sep 2000
Citations:  EWHC 464 (Admin) Links: Bailii Statutes: Licensing Act 1964 169 Jurisdiction: England and Wales Licensing, Crime Updated: 07 May 2022; Ref: scu.223903
The premises consisted of a ground floor and basement. A music and dancing licence was in effect for part of the premises, but the appellant challenged the grant of a special hours certificate, based upon that licence, for the entire premises. Held: The special hours certificate should have been only for the part for which … Continue reading Westminster City Council v O’Reilly and others: QBD 28 Feb 2003
Discretion allowed re technical deficiency if statutory requirements met. Citations: Times 15-Dec-1993 Statutes: Licensing Act 1964 4(a)(b)(c)Sch2 Licensing Updated: 09 April 2022; Ref: scu.87344
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011
Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours. Held: The purpose of the licensee must be that the supply of liquor will be ancillary to the provision of music and dancing … Continue reading Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003
Application for judicial review of magistrates’ decision on costs award in licensing application. Black J  EWHC 838 (Admin) Bailii Licensing Act 1964 England and Wales Magistrates, Costs Updated: 05 January 2022; Ref: scu.267569
The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a finding that they were liable, saying that this had been a wrongful extension of the law … Continue reading Glaister and Others v Appelby-In-Westmorland Town Council: CA 9 Dec 2009
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010
The claimant had developed historical musical works for performance. They were published by the defendant, by means of recordings of a performance from the scores he had prepared – so called ‘performance editions’. The many hundreds of hours expended, involved transcription of the scores into modern notation and interpretation of the composers shorthand. The publisher … Continue reading Hyperion Records Ltd v Sawkins: CA 19 May 2005
What is substantial copying The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. Held: The question of substantiality is a matter of quality rather … Continue reading Ladbroke (Football) Ltd v William Hill (Football) Ltd: HL 1964
The claimant appealed refusal of a General Order of Exemption. . .
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
Surrender of Justices On-licence still possible without mention by Act. . .
The two claimants sought title to a car registration plate and to a chassis number. They were to be applied to historic racing cars.
Held: The power to assign registration marks lay with the Secretary of State. Any legal rights rested not with . .
Licensees appealed against the grant of judicial review of decisions granting special removal of old on-licences for premises. The grant had been challenged on the basis that the magistrates had had no jurisdiction to make the award because the . .
The applicant sought a special order of exemption to allow him to open his public house for customers to watch the world cup football matches. Previous case law suggested that such events were not ‘special events’ within the Act so as to allow such . .
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Joint on-licence was not revocable as regards one holder only – discretion to continue. Citations: Ind Summary 30-May-1995 Statutes: Licensing Act 1964 20A Jurisdiction: England and Wales Licensing Updated: 08 April 2022; Ref: scu.78727
Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown Court.Lightman J said: ‘It seems to me quite clear that on the basis of that … Continue reading Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998
Citations:  EWHC Admin 1087 Links: Bailii Statutes: Licensing Act 1964 Licensing Updated: 26 May 2022; Ref: scu.138032
The ‘due diligence’ defence does not require the personal involvement of the licensee. Citations: Gazette 12-Feb-1997, Times 28-Jan-1997,  EWHC Admin 386 Links: Bailii Statutes: Licensing Act 1964 169(1) Licensing Updated: 25 May 2022; Ref: scu.136934
Justices may set time for start of special hours certificates. Citations: Times 02-May-1995 Statutes: Licensing Act 1964 81A Licensing Updated: 19 May 2022; Ref: scu.79054
Justices considering an application for a licensee’s protection order may consider wider issues than just whether applicant was a ‘fit and proper person’. Citations: Ind Summary 24-Jul-1995 Statutes: Licensing Act 1964 10 Licensing Updated: 18 May 2022; Ref: scu.78574
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers were exceeding the speed limit at the time when they received Mr … Continue reading Bastable v Little: 1907
Only one Special Hours Certificate may be in force for one licensed premise at any time. Citations: Times 15-Dec-1997 Statutes: Licensing Act 1964 76 Jurisdiction: England and Wales Licensing Updated: 07 April 2022; Ref: scu.88107
The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of intoxicating liquor is ancillary, the relative priorities as between music and dancing and food does not … Continue reading Young v O’Connell: QBD 25 May 1985
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Sales of alcohol had taken place at a bar within the meaning of section 76(5). Held: Widgery LCJ said: ‘I think it must be remembered that the consumption of liquor in the special hours period, for want of a better phrase, is liquor which is to be ancillary to dancing, music, refreshment or all of … Continue reading Carter v Bradbeer: QBD 1975
The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate. Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours certificate where there is a music and dancing licence in force, and the bona fide intention is … Continue reading Richards v Bloxham (Binks): QBD 1968
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
In a copyright claim, the test of originality which had to be passed was set out by Peterson J, saying: ‘The word ‘original’ does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are not concerned with the originality of ideas, but with the expression … Continue reading University of London Press Ltd v University Tutorial Press Ltd: ChD 1916
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. Tne relationship is in contract between the club and its member. Sir Thomas Bingham MR: ‘No serious racecourse management, owner, trainer … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988
Incorporation of Onerous Terms Requires More Care Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date. Held: The plaintiff had not managed to include the terms in the contract, which was only … Continue reading Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987
No Legal Duty to Assist a Constable At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the execution of his duties: … Continue reading Rice v Connolly: 1966
The House considered the definition of a ‘bar’ and the area to which a special hours certificate applied.
Held: The appellant’s conviction for selling intoxicating liquor after prescribed hours was upheld as the sale took place in an area not . .
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force . .
The respondent, a probationer police constable was convicted for obstructing police officers in the execution of their duty under s51(3) of the 1964 Act. He was a regular in a bar he knew was to be raided. He warned the landlord who complied with . .
The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours . .