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Acts

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Westminster City Council v Croyalgrange Ltd and Another: HL 15 May 1986

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

Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001

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

Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000

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

McMonagle v Westminster City Council: HL 1989

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

Kempin T/A British Bulldog Ice Cream v Brighton and Hove Council: QBD 13 Mar 2001

An ice cream salesman driving around an area was not a roundsman so as to be exempted from the need to obtain a street trader’s licence, however regular his route. Though not defined in the Act, ’roundsman’ meant activities delivering pre-ordered goods within a locality. This interpretation was required in order to give effect to … Continue reading Kempin T/A British Bulldog Ice Cream v Brighton and Hove Council: QBD 13 Mar 2001

Quietlynn Ltd v Plymouth City Council: QBD 1987

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

Davies and Another v Crawley Borough Council: Admn 1 Nov 2001

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

Thompson, Regina (on the Application of) v Oxford City Council: CA 11 Feb 2014

Appeal against refusal of renewal of licence for lap dancing club. Held: It could not be said that the reasons given were inadequate. The appeal failed. Lord Dyson MR, Longmore, Lloyd Jones LJJ [2014] EWCA Civ 94, [2014] 1 WLR 1811, [2014] WLR(D) 62 Bailii, WLRD Local Government (Miscellaneous Provisions) Act 1982 England and Wales … Continue reading Thompson, Regina (on the Application of) v Oxford City Council: CA 11 Feb 2014

Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia): ChD 31 Jul 2002

Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought determination of whether the trusts were charitable, or whether it … Continue reading Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia): ChD 31 Jul 2002