Broads Authority v Fry: Admn 5 Nov 2015

The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, and the Authority now appealed by case stated.
Held: The Authority’s appeal succeeded. The bye-law was not void for uncertainty, and the extension of the licensing requirement beyond the waters controlled by the Authority was well established and clear.


Beatson LJ, Mitting J


[2015] EWHC 4139 (Admin)




Broads Authority Act 2009


England and Wales


CitedForth Conservancy Board v IRC HL 1931
The House was asked whether the conservators of the Firth of Forth were liable to income tax on revenue raised from dues levied on vessels, which revenue had to be applied to preserve and improve the appropriate part of the Firth of Forth.
CitedKruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
CitedFawcett Properties Ltd v Buckingham County Council HL 1960
A grant of planning permission was subject to an agricultural occupancy condition: ‘The occupation of the houses shall be limited to persons whose employment or latest employment is or was employment in agriculture as defined by section 119(1) of . .
CitedStaden v Tarjanyi 1980
The court considered the validity of a byelaw. Lord Lane CJ said: ‘to be valid, a byelaw, carrying as this one does penalties for infringement, must be certain and clear in the sense that anyone engaged upon the otherwise lawful pursuit . . must . .
CitedPercy and Another v Hall and Others CA 10-May-1996
The claimants, demonstrators at Menwith Hill Station, asserted that repeated arrests for trespass were made under unlawful byelaws. Iparticular they said that the restrictions on trespass were unlawful, since the area was not clearly defined. . .
Lists of cited by and citing cases may be incomplete.


Updated: 22 May 2022; Ref: scu.569394