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 mention an imminent compulsory purchase order, and nor did the acquisition of the prooperty under a CPO amount to occupation where the property remained vacant. The magistrates had to be kept informed of the exact suituation at the date of the application.
Judges:
Sir Martin Nourse Kay, Lord Justice Kay Lord Justice Jacob
Citations:
[2004] EWCA Civ 767, Times 09-Jul-2004
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Distinguished – Harris v Birkenhead Corporation CA 12-Nov-1975
A four year old child had fallen from a second-story window in a derelict house owned by the defendant, and suffered serious injury. The house and others had been purchased by compulsion for intended clearance. The Corporation appealed against a . .
Cited by:
Appeal from – Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and Another HL 15-Feb-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 11 June 2022; Ref: scu.198409
