Grierson, Regina (on the Application Of) v Atlantic Broadcasting Ltd and others: Admn 26 Aug 2005

The claimant sought leave to challenge the decision of the Radio Licensing Authority to grant a radio station licence to the defendant.
Held: As a minority shareholder in one of the competing companies, he did not have sufficient standing to make a complaint.

Citations:

[2005] EWHC 1899 (Admin), [2005] EMLR 868

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedDurayappah v Fernando PC 1967
An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s . .
Lists of cited by and citing cases may be incomplete.

Media, Licensing

Updated: 12 December 2022; Ref: scu.229748

William Hill Organisation Ltd and Another, Regina (on The Application of) v The Horserace Betting Levy Board and Others: CA 3 May 2013

The court was asked whether business customers of betting exchanges may be required to pay a horse race betting levy. If they are bookmakers within the meaning of the Betting, Gaming and Lotteries Act 1963, then the Horserace Betting Levy Board, the respondent, is entitled to impose a levy on them. Customers of a betting exchange will fall within the statutory definition of a bookmaker if they carry on the business of ‘receiving or negotiating bets’.

Judges:

Maurice Kay, Moses, Davis LJJ

Citations:

[2013] EWCA Civ 487, [2013] 3 All ER 297, [2013] 1 WLR 3656, [2013] WLR(D) 174

Links:

Bailii, WLRD

Statutes:

Betting, Gaming and Lotteries Act 1963

Jurisdiction:

England and Wales

Licensing, Taxes – Other

Updated: 09 December 2022; Ref: scu.495182

Rockware Glass Ltd, Regina (on the Application of) v Quinn Glass Ltd and Another: CA 15 Jun 2006

Challenge to terms of Integrated Pollution Prevention and Control permit

Citations:

[2006] EWCA Civ 992, [2007] Env LR 3, [2007] JPL 217

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromRockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another Admn 24-Oct-2005
. .

Cited by:

CitedEdwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Lists of cited by and citing cases may be incomplete.

Environment, Licensing

Updated: 09 December 2022; Ref: scu.270180

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him.
Held: The information requested was plainly within the scope of an officer to whom this task had been delegated, and the authority’s appeal succeeded.

Citations:

[2005] EWHC 1613 (Admin)

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 57(3), Local Government Act 1972 101

Jurisdiction:

England and Wales

Citing:

CitedRegina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices Admn 30-May-2002
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not . .
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 07 December 2022; Ref: scu.229310

Zoolife International Ltd, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 17 Dec 2007

Silber J reviewed the authorities which consider the question of whether courts should entertain claims for relief in which the claimants have no interest.
Held: Academic issues cannot and should not be determined by courts unless there are exceptional circumstances such as where two conditions are satisfied in the type of application now before the courts. On the facts there were factors some of which were overlapping and which individually or cumulatively indicated that the claim should not be heard as it was academic. First, any decision on the facts of that case would be fact-sensitive; second since the duties of the claimants were not the same in the instant case and in all other potential cases the result in the instant case would not necessarily be the same in any other cases; third there was no certainty or even probability that other claims would be brought; fourth if there were subsequent claims other parties might wish to adduce evidence so that the court on a subsequent occasion would have to consider different material; fifth because any decision in the instant case would depend on assumed facts it would be unlikely to be determinative or of any value in subsequent proceedings; sixth because the factual situation in a subsequent case might be different a decision on the instant case would not constitute a precedent for future applications; seventh not all interested parties had been served with details of the amended claim; and eighth that the claim in that case was an academic one and there was, in the words of Lord Slynn in Salem no ‘good reason in the public interest’ for it to be determined by him.
However, it was desirable if not necessary gtto resolve the outstanding issues in case he was wrong on the academic issue and also because it might well be necessary for him to come to conclusions on the other issues when dealing with the question of costs.

Judges:

Silber J

Citations:

[2007] EWHC 2995 (Admin), [2008] ACD 44

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Administrative

Updated: 05 December 2022; Ref: scu.262876

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions.

Judges:

Kenneth Parker QC J

Citations:

[2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076

Links:

Bailii

Statutes:

Private Security Industry Act 2001, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

CitedSecurity Industry Authority v Stewart and Sansara Admn 17-Oct-2007
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor . .
CitedMurungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Lists of cited by and citing cases may be incomplete.

Licensing, Employment, Human Rights

Updated: 04 December 2022; Ref: scu.263474

Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited: Admn 23 Dec 1997

The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue to be tried. There was. Next would the damage be payable in damages. In this case no action would lie against the state, and losses would be irrecoverable. The balance of convenience lay in granting the injunction and to require suspension of the licences.

Judges:

Laws J

Citations:

[1997] EWHC Admin 1176

Links:

Bailii

Statutes:

Medicines Act 1968, Council Directive 65/65/EEC of 26 January 1965 for the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products,, Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)

Jurisdiction:

England and Wales

Citing:

AppliedRegina v H M Treasury ex parte British Telecommunications Plc ECJ 1994
. .
Lists of cited by and citing cases may be incomplete.

Commercial, Intellectual Property, Licensing

Updated: 01 December 2022; Ref: scu.138121

Philip Russell Ltd v D W Retail: QBNI 3 May 2013

Appeal from the decision of His Honour Judge Smyth when he granted an application for the provisional grant of an intoxicating liquor licence for premises at 91 High Street, Portaferry pursuant to Article 5(1)(b) of the Licensing Order (Northern Ireland) 1996

Citations:

[2013] NIQB 56, [2013] NIQB 56

Links:

Bailii, Bailii

Jurisdiction:

Northern Ireland

Licensing

Updated: 27 November 2022; Ref: scu.511151

Solvent Resource Management Ltd v Environment Agency: Admn 30 Nov 2006

‘in what circumstances does or can material, which has become waste or derives from waste, cease to be waste if it is to be burnt as fuel: and, in particular, whether it can or does cease to be waste when a prior process is carried out for the purpose of rendering it safe to be burnt as fuel, or whether it only so ceases when it is so burnt. ‘

Citations:

[2006] EWHC 3023 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Environment, Licensing

Updated: 26 November 2022; Ref: scu.246758

Regina v Cambridge City Council, Ex Parte Lane: CA 3 Sep 1998

A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a ‘cross between a rickshaw and a bicycle and a tricycle. Like a tricycle, it has three wheels; a single front wheel and two rear wheels. Over the rear wheels, a compartment in which the passengers may sit is suspended. The vehicle is an adaptation of a rickshaw replacing the individual running on the ground and pulling the vehicle with an individual using cycle technique to provide the power for propelling the vehicle.’

Citations:

Gazette 03-Sep-1998, [1998] EWCA Civ 1202, (1999) RTR 1982

Statutes:

Town and Police Clauses Act 1847 38, Local Government (Miscellaneous Provisions) Act 1976 47

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Cambridge City Council ex parte Simon Lane Admn 2-Jun-1998
. .

Cited by:

Appealed toRegina v Cambridge City Council ex parte Simon Lane Admn 2-Jun-1998
. .
CitedOddy, Regina (on the Application of) v Bugbugs Ltd Admn 12-Nov-2003
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and . .
Lists of cited by and citing cases may be incomplete.

Licensing, Transport, Health and Safety

Updated: 25 November 2022; Ref: scu.86275

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health and social harms resulting from extremely heavy drinking in deprived communities was an element of targeted thinking behind the 2012 Act. The Policy Memorandum also discounted a straightforward increase in excise tax as it ‘would impact on high price products as well as cheap ones and so would have a proportionately greater effect on moderate drinkers than a minimum price’.
The Court of Session had made a judgment it was entitled to reach on the information before it.
The effect of the ECJ judgment was that, where a national court examines national legislation in the light of the justification relating to the protection of health under article 36 TFEU it is bound to examine objectively whether it may reasonably be concluded from the evidence submitted by the Member State concerned that the means chosen are appropriate for the attainment of the objectives pursued and whether it is possible to attain those objectives by measures that are less restrictive of the free movement of goods and of the CMO.

Judges:

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hodge

Citations:

[2017] UKSC 76, 2017 GWD 37-566, [2017] UKSC 76, [2018] LLR 198, 2018 SCLR 102, [2018] 2 CMLR 6, 2017 SLT 1261, UKSC 2017/0025

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2017 Jul 24am Video, SC 2017 Jul 24pm Video, SC 2017 ul25am Video, SC 2017 ul25pm Video

Statutes:

Alcohol (Minimum Pricing) (Scotland) Act 2012, Directive 92/84/EEC

Jurisdiction:

Scotland

Citing:

See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
At ECJScotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
CitedCommission v Italy (Free Movement Of Goods) ECJ 10-Feb-2009
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .
CitedBerlington Hungary And Others v Magyar Allam ECJ 11-Jun-2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Games of chance – National taxes on the operation of slot machines in amusement arcades – National legislation national . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
CitedRecovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
CitedCommission v France C-434/97 ECJ 24-Feb-2000
(Rec 2000,p I-1129) Judgment) Action for failure to fulfil obligations – Directive 92/12/EEC – Specific tax levied on beverages with a high alcohol content
The Court summarised the difference between VAT and excise as being that the former is . .
CitedBernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) ECJ 24-Nov-1993
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods.
Europa Free movement of goods – Quantitative restrictions – . .
CitedGroupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA ECJ 11-Aug-1995
European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.
Trade between Member States is not likely to be impeded, . .
CitedTransportes Jordi Besora, SL v Tribunal Economico Administrativo Regional De Cataluna ECJ 27-Feb-2014
Indirect taxes – Excise duties – Directive 92/12/EEC – Article 3(2) – Mineral oils – Tax on retail sales – Concept of ‘specific purpose’ – Transfer of powers to the Autonomous Communities – Financing – Predetermined allocation – Health-care and . .
CitedTallinna Ettevotlusamet v Statoil Fuel and Retail ECJ 5-Mar-2015
ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – Excise duties -Directive 2008/118/EC – Article 1(2) – Liquid fuel subject to excise duty – Sales tax – Concept of ‘specific purpose’ – . .
At IHCSThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
Lists of cited by and citing cases may be incomplete.

Licensing, Health, European

Updated: 25 November 2022; Ref: scu.599383

Reid v Mini-Cabs: SCS 1966

The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh.

Judges:

Lord Avonside

Citations:

1966 SC 137

Jurisdiction:

Scotland

Cited by:

CitedStewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 25 November 2022; Ref: scu.195474

The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum price at 50 pence per unit of alcohol.
Held: The claim was rejected

Judges:

Lord Doherty

Citations:

[2013] ScotCS CSOH – 70, 2013 SLT 776

Links:

Bailii

Statutes:

Alcohol (Minimum Pricing) (Scotland) Act 2012

Jurisdiction:

Scotland

Citing:

See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .

Cited by:

See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
See AlsoScotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
See alsoThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.

Licensing, European

Updated: 23 November 2022; Ref: scu.495201

Arch Chemicals And Arch Timber Protection v Commission T-402/04: ECFI 20 Sep 2011

ECFI Health policy – Placing on the market of biocidal products – Identification of active substances on the market – Decision refusing amendment of certain provisions of the legislation – Actions for failure to act – Obligation to act – Actions for annulment – Not individually concerned – Inadmissibility

Citations:

[2011] EUECJ T-402/04

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 23 November 2022; Ref: scu.444606

Macbeth and Others v Ashley and Others: HL 17 Apr 1874

Under 25 and 26 Vict. c. 35, the hours for opening and closing licensed houses are fixed at 8 a.m. and 11 p.m. Section 2 gives a discretionary power to the licensing magistrates to vary these hours ‘in any particular locality within any county or district or burgh requiring other hours for opening and closing.’ The magistrates of a burgh defined by metes and bounds a certain part of the same, which included all the licensed houses therein, and passed a resolution that it was requisite that licensed houses in the particular locality thus defined should be closed at 10 p.m. This hour they inserted in the certificates. Held (affirming judgment of C. of S.) that the resolution was ultra vires of the magistrates, their discretionary power being to select a ‘particular locality,’ whereas they had virtually applied the exceptional rule to the whole burgh, an evasion of the statute, and opposed, alike to the spirit and the letter thereof.

Judges:

Lord Chancellor Cairns, Lord Chelmsford, and Lord Selborne

Citations:

[1874] UKHL 487, 11 SLR 487

Links:

Bailii

Jurisdiction:

Scotland

Licensing

Updated: 20 November 2022; Ref: scu.650217

Arch Chemicals and Arch Timber Protection v Commission T-403/04: ECFI 20 Sep 2011

ECFI Health policy – Placing on the market of biocidal products – Identification of active substances on the market – Decision refusing amendment of certain provisions of the legislation – Actions for failure to act – Obligation to act – Actions for annulment – Not individually concerned – Inadmissibility

Citations:

T-403/04, [2011] EUECJ T-403/04

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 20 November 2022; Ref: scu.444607

Regina v Medicines Control Agency ex parte Pharma Nord Ltd: CA 10 Jun 1998

Once the Medicines Control Agency has decided that a product is a medicinal product and licensable as such, the courts should not seek to substitute their own judgment. Residuary discretion for declaration not used.

Judges:

Woolf MR, Morritt, Robert Walker LJJ

Citations:

Times 10-Jun-1998, [1998] EWCA Civ 891

Statutes:

Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Medicines Control Agency Ex Parte Pharma Nord Ltd QBD 11-Jul-1997
A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached. . .
Lists of cited by and citing cases may be incomplete.

Health, Licensing

Updated: 19 November 2022; Ref: scu.87316

Steed v Secretary of State for Home Office: CA 1 May 1998

The plaintiff claimed compensation after surrendering his firearm and ammunition. There had been a long delay in processing the claim, and he sued. The Home Office entered a defence denying that there was any obligation to process claims within a reasonable time, and further denying that there was a statutory duty to pay the sum, and that any complaint was solely justiciable in judicial review proceedings.
Held: The defendants appeal was denied.

Citations:

[1998] EWCA Civ 762

Jurisdiction:

England and Wales

Cited by:

Appeal fromSteed v Secretary of State for the Home Department HL 26-May-2000
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 18 November 2022; Ref: scu.144240

Central Bedfordshire Council v Shah: Admn 26 Feb 2013

Appeal by way of case stated from Bedfordshire Magistrates’ Court, the appellant Council, challenging the decision to acquit Mr Shah following his trial accused him of plying for hire a motor vehicle of a certain registration for which he did not have a licence. This was said to be contrary to section 45 of the Town Police Clauses Act 1847, as amended.

Judges:

Cranston J

Citations:

[2013] EWHC 536 (Admin)

Links:

Bailii

Statutes:

Town Police Clauses Act 1847 45

Licensing

Updated: 17 November 2022; Ref: scu.472809

Staatsanwaltschaft Linz v Engelmann: ECJ 9 Sep 2010

ECJ Freedom to provide services – Freedom of establishment – National rules establishing a system of concessions for the operation of games of chance in casinos – Concessions obtainable solely by public limited companies established in national territory – All concessions granted without any competitive procedure

Judges:

JC Bonichot P

Citations:

[2010] EUECJ C-64/08, C-64/08, C-64/08

Links:

Bailii

Citing:

OpinionStaatsanwaltschaft Linz v Engelmann ECJ 23-Feb-2010
(Opinion) – Games of chance – restriction of licenses to companies registered with member state. . .
Lists of cited by and citing cases may be incomplete.

European, Licensing

Updated: 14 November 2022; Ref: scu.470867

Regina v Stafford Crown Court ex parte Shipley: CA 12 Dec 1997

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 certificate is in operation, the licensee cannot rely on a combination of his on-licence and section 60 to make any non-ancillary sale of liquor compliant with the law.’ and ‘During whatever hours of trading are permitted by the special hours certificate the drinking must ‘on the whole’ be ancillary to the provision of food and/or entertainment; a special hours certificate should not be granted to an ordinary public house so as to turn it into a ‘late night pub.”

Judges:

Henry LJ, Simon Brown LJ

Citations:

Times 29-Dec-1997, Gazette 14-Jan-1998, [1998] 1 WLR 1439, [1997] EWCA Civ 2978, [1998] 2 All ER 465

Links:

Bailii

Statutes:

Licensing Act 1964 60 77 78A

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Stafford Crown Court ex parte Shipley Admn 16-Dec-1996
. .

Cited by:

AppliedNorthern Leisure Plc v Schofield and Baxter QBD 3-Aug-2000
The case concerned a night club. The principal question was whether it was necessary, for a special Hours Certificate (SHC) to be granted, for music and dancing and substantial refreshment to be provided at the same time throughout the permitted . .
CitedLuminar Leisure Ltd v Norwich Crown Court Admn 3-Oct-2003
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 . .
CitedNorwich Crown Court and others v Luminar Leisure CA 7-Apr-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; . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 13 November 2022; Ref: scu.143377

Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997

The applicant appealed a refusal of leave to apply for judicial review of a cancellation of the registration of her former nursing home.
Held: Since the registrant herself no longer intended to operate a nursing home the application must inevitably fail. Review refused.

Citations:

[1997] EWCA Civ 2435

Statutes:

Registered Homes Act 1984 10 11

Jurisdiction:

England and Wales

Health, Licensing

Updated: 09 November 2022; Ref: scu.142833

Director of Public Prosecutions v Smylie: CANI 17 Oct 2012

The Director appeled by case stated against the allowing of the defendant’s appeal against his conviction for permitting the consumption of intoxicating liquor in public house premises other than during permitted hours

Judges:

Morgan LCJ, Girvan LJ and Coghlin LJ

Citations:

[2012] NICA 45

Links:

Bailii

Northern Ireland, Crime, Licensing

Updated: 06 November 2022; Ref: scu.465419

Laboratoires CTRS v Commission (Medicinal Products For Human Use): ECFI 4 Jul 2012

ECFI Medicinal products for human use – Marketing authorisation for the medicinal product Orphacol – Letter informing the applicant of the Commission’s intention to refuse authorisation – Application for a declaration of failure to act – Definition of position by the Commission – Inadmissibility – Application for annulment – Adoption of a new decision – No need to adjudicate

Judges:

S. Papasavvas, P

Citations:

T-12/12, [2012] EUECJ T-12/12

Links:

Bailii

Jurisdiction:

European

Health, Licensing

Updated: 04 November 2022; Ref: scu.463236

HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 17 Apr 2012

ECJ (Freedom To Provide Services) Opinion – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on its territory, advertising of casinos located in other States where the level of legal protection for gamblers in the State concerned is not considered to be equivalent to the level of protection under domestic law

Judges:

Mazak AG

Citations:

C-176/11, [2012] EUECJ C-176/11

Links:

Bailii

Jurisdiction:

European

Cited by:

OpiniomHIT and HIT Larix v Bundesminister fur Finanzen ECJ 12-Jul-2012
Freedom To Provide Services – Article 56 TFEU – Restriction on the freedom to provide services – Games of chance – Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 04 November 2022; Ref: scu.463198

Phillips v Director of Public Prosecutions: Admn 28 Oct 2002

The applicants were mini-cab drivers. They challenged the regulations which prohibited the driving of commercial vehicles and vehicles for hire in the areas regulated, with the exception of black cabs, and under which they had been convicted. They claimed that this was discriminatory.
Held: The black cabs were a traditional part of the London scene, and very different. The appellants’ rights were not engaged, but even if they were, the prohibition would be proportionate.

Judges:

Latham LJ, McCombe J

Citations:

Times 04-Nov-2002, Gazette 28-Nov-2002, [2002] EWHC 2093 (Admin), [2003] RTR 8

Links:

Bailii

Statutes:

Royal Parks and Other Open Spaces Regulations (1997 No 1639) 4(27)

Jurisdiction:

England and Wales

Licensing, Human Rights

Updated: 03 November 2022; Ref: scu.177850

Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders’ register.
Held: There was no provision which would automatically disqualify the applicant from holding a licence. The magistrate had to make a decision in the light of the particular circumstances both private and commercial, and here, it would have been wrong to deny him the opportunity to have heard in his support, his employer who had continued to employ him.

Judges:

Pleming QC

Citations:

Times 04-Dec-2002, Gazette 06-Dec-2002, [2002] EWHC 2394 (Admin)

Links:

Bailii

Statutes:

Road Traffic Act 1988 121(1)(b)

Jurisdiction:

England and Wales

Transport, Licensing

Updated: 03 November 2022; Ref: scu.178324

Bioplus Life Sciences Private Ltd and Others v The Secretary of State for Health: QBD 21 Feb 2020

Claim for Francovich damages relating to the application of the Medicinal Products Directive 2001/83/EC – threshold question whether the provisions of EU law upon which the claimants rely – Articles 6(1), 76(1) and/or 111(1) of the Directive – entail the grant of rights to individuals so as to provide the necessary foundation for the claim.

Judges:

Eady J DBE

Citations:

[2020] EWHC 329 (QB), [2020] WLR(D) 109

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

European, Licensing

Updated: 31 October 2022; Ref: scu.648898

Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012

The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act.

Judges:

Foskett J

Citations:

[2012] EWHC 1539 (Admin), [2013] PTSR 154

Links:

Bailii

Statutes:

Town Police Clauses Act 1847 37, Local Government (Miscellaneous Provisions) Act 1976 47

Jurisdiction:

England and Wales

Licensing, Local Government

Updated: 31 October 2022; Ref: scu.459883

In Re Senator Hanseatische Verwaltungsgesellschaft Mbh and Another: CA 30 Jul 1996

The Secretary of State had presented a winding up petition on public interest grounds against a company carrying on an illegal lottery.
Held: The court refused the application of the Secretary of State for the appointment of a provisional liquidator; instead he granted injunctions. It was necessary to procure the cessation of the company’s business but Millett LJ indicated that he thought that the appointment of a provisional liquidator would have been preferable as putting ‘in place an independent officer of the court to take charge of the company’s activities pending the hearing of the petition…’. Chain operation, a money business club which operated without actually selling goods is in effect a lottery and requires regulation accordingly.

Judges:

Sir Richard Scott V-C, Millett LJ

Citations:

Times 30-Jul-1996, [1997] 1 WLR 515

Statutes:

Insolvency Act 1986 124A

Jurisdiction:

England and Wales

Cited by:

CitedIn the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986 ChD 19-Mar-2004
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour.
Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 31 October 2022; Ref: scu.82190

Haynes, Regina (on the application of) v Stafford Borough Council: Admn 14 Jun 2006

Walker J set out the principles applicable (in this case) before making a declaration as to the criminal law.

Judges:

Walker J

Citations:

[2006] All ER (D) 135, [2006] EWHC 1366 (Admin), [2007] 1 WLR 1365, (2006) 170 JP 666

Links:

Bailii

Statutes:

Pet Animals Act 1951, Avian Influenza (Preventive Measures) (No 2) Regulations 2005

Jurisdiction:

England and Wales

Cited by:

CitedTransport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
Lists of cited by and citing cases may be incomplete.

Animals, Licensing

Updated: 28 October 2022; Ref: scu.553505

Wiilowcell Ltd v Westminster City Council: CA 24 Mar 1995

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

Licensing

Updated: 27 October 2022; Ref: scu.90494

Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald: CA 27 Mar 1996

An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act.

Citations:

Gazette 24-Apr-1996, Times 27-Mar-1996

Statutes:

London Government Act 1963

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. . .

Cited by:

Appealed toRegina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 27 October 2022; Ref: scu.86166

Martine v South East Kent Health Authority: CA 22 Mar 1993

The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages.
Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: ‘it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances’ and that if in any circumstances the checks and balances should fail ‘negligence as a tort could not be, and should not be, invoked as the remedy.’
Leggatt LJ said: ‘The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence.’

Judges:

Dillon LJ, Leggatt LJ

Citations:

Ind Summary 22-Mar-1993, (1993) 20 BMLR 51, Times 08-Mar-1993

Statutes:

Registered Homes Act 1984 30

Jurisdiction:

England and Wales

Cited by:

CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Lists of cited by and citing cases may be incomplete.

Negligence, Licensing, Health Professions

Updated: 26 October 2022; Ref: scu.83452

Plasticseurope v ECHA (Reach – Request Seeking To Identify Potential Transformation or Degradation Products of The Substance – Judgment (Extracts)): ECFI 16 Dec 2020

REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Supplement to the entry relating to the substance bisphenol A on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence approach – Exploratory studies – Intermediate uses – Proportionality

Citations:

ECLI:EU:T:2020:623, T-207/18, [2020] EUECJ T-207/18

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 26 October 2022; Ref: scu.660745

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private law cause of action, which may be for breach of statutory duty or at common law. The claimant sought to bring its claim within the 1998 Act, saying the convention requires a state to give rights to those within their jurisdiction, but the ambit of the Act had not been extended to South Georgia, and so no action arose. A licence to carry out an economic activity could amount to a possession within the meaning of Article 1PI.

Judges:

Collins J

Citations:

[2003] EWHC 1743 (Admin)

Links:

Bailii

Statutes:

Convention on the Conservation of Antarctic Marine Living Resources, Human Rights Act 1998 7, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

See alsoSecretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited CA 30-Oct-2002
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell . .
CitedGillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedAhsan Ullah, Thi Lien Do v Special Adjudicator, Secretary of State for the Home Department CA 16-Dec-2002
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient . .
CitedOcalan v Turkey ECHR 12-Mar-2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none . .
CitedRegina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta CA 1982
The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK.
See AlsoQuark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .

Cited by:

CitedMohamed Moneim Al-Fayed for Judicial Review of A Decision of the Lord Advocate To Refuse To Instruct A Public Inquiry Into the Death of Emad Al-Fayed OHCS 12-Mar-2004
The claimant sought judicial review of the minister’s decision not to order a judicial public investigation of the death of his son in a car crash in Paris.
Held: The primary obligation to undertake an enquiry fell upon France. The obligation . .
Appeal fromQuark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs CA 29-Apr-2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to . .
See AlsoQuark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
At First InstanceRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
CitedMalik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Lists of cited by and citing cases may be incomplete.

Licensing, Agriculture, Human Rights

Updated: 25 October 2022; Ref: scu.184846

Dhu Arzneimittel (Medicinal Products for Human Use – Labelling and Package Leaflet of Homeopathic Medicinal Products – Judgment): ECJ 23 Apr 2020

References for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Articles 62 and 69 – Particulars on the labelling and package leaflet of homeopathic medicinal products – Exhaustive list of the particulars or possibility to add information that is useful to the patient and is compatible with the summary of product characteristics – Dosage schedules for homeopathic medicinal products

Citations:

C-101/19, [2020] EUECJ C-101/19, ECLI:EU:C:2020:304

Links:

Bailii

Jurisdiction:

European

Licensing, Health

Updated: 24 October 2022; Ref: scu.660117

Vodafone Ltd and Others v The Office of Communications: CA 19 Feb 2020

The court was asked as to which licence fees paid by mobile network were recoverable after the setting aside of the regulations.

Citations:

[2020] EWCA Civ 183

Links:

Bailii

Statutes:

The Wireless Telegraphy (Licence Charges for the 900 MHz frequency band and the 1800 MHz frequency band) (Amendment and Further Provisions) Regulations 2015

Jurisdiction:

England and Wales

Licensing, Utilities

Updated: 24 October 2022; Ref: scu.648248

Liverpool City Council v Kelly: CA 20 Feb 2003

The council appealed an order requiring it to specify an overall maximum charge for licensing taxis. It had fixed an adminsitrative sum plus a sum for the first inspection and further sums for re-inspection.
Held: The section envisaged separate charges being made, and no overall limit was properly implied.

Judges:

Lord Justice Keene Lord Justice Rix Lord Justice Schiemann

Citations:

[2003] EWCA Civ 197, Times 18-Mar-2003, Gazette 24-Apr-2003

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 70(1)

Jurisdiction:

England and Wales

Licensing

Updated: 22 October 2022; Ref: scu.179650

London Borough of Haringey v Michniewicz: Admn 14 Jun 2004

The defendant was accused of unlicensed street trading. He had placed a car on the street with a sign to say that it was for sale.
Held: The offering of just one vehicle was sufficient to constitute the offence.

Judges:

Rose LJ, Holland J

Citations:

Times 08-Jul-2004, [2004] EWHC 1728 (Admin)

Links:

Bailii

Statutes:

London Local Authorities Act 1990 38

Jurisdiction:

England and Wales

Cited by:

CitedOnasanya v London Borough of Newham Admn 14-Jul-2006
The defendant had tried to sell his car by placing a notice in a rear window saying it was for sale, and leaving it on the street.
Held: The authority said that there was more than one purpose in the vehicle being left on the street, and that . .
Lists of cited by and citing cases may be incomplete.

Crime, Licensing

Updated: 14 October 2022; Ref: scu.226887

Taylor v Smetton: 1883

The defendant was accused of running an unlicensed lottery. He sold tea packets. With each tea packet he gave away a ticket allotting a prize to the purchaser. The prizes varied in value, and the purchaser would not know what he would receive until after he made the purchase.
Held: The defendant was runing a lottery.

Citations:

(1883) 11 QBD 207

Jurisdiction:

England and Wales

Cited by:

CitedEsso Petroleum Limited v Commissioners of Customs and Excise HL 10-Dec-1975
The company set up a scheme to promote their petrol sales. They distributed coins showing the heads of members of the English football team for the 1970 World Cup. One coin was given with each for gallons of petrol. The Commissioners said that the . .
Lists of cited by and citing cases may be incomplete.

Contract, Licensing

Updated: 14 October 2022; Ref: scu.242901

Regina v Burt and Adams Ltd: CACD 22 Nov 1995

A right to exchange gaming token was no offence, and nor was allowing the accumulation of prizes.

Citations:

Times 22-Nov-1995

Statutes:

Gaming Act 1968 34(3) 34(8)

Jurisdiction:

England and Wales

Citing:

Appealed toRegina v Burt and Adams Ltd HL 2-Apr-1998
Prizes from gaming machines which were limited to prizes of six pounds per game could be lawfully accumulated by gamers under management rules for larger prizes . .

Cited by:

Appeal fromRegina v Burt and Adams Ltd HL 2-Apr-1998
Prizes from gaming machines which were limited to prizes of six pounds per game could be lawfully accumulated by gamers under management rules for larger prizes . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 08 October 2022; Ref: scu.86255

The Ritz Hotel Casino Ltd v Al Geabury: QBD 31 Jul 2015

The casino sought payment of a substantial sum lost at its roulette table by the defendant paid for by cheque later dishnoured. The defendant aid that he suffered a severe gambling compulsion for which he was receiving psychiatric treatment.

Judges:

Simler DBE J

Citations:

[2015] EWHC 2294 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Contract

Updated: 04 October 2022; Ref: scu.550966

New London College Ltd, Regina (on the application of) v Secretary of State for the Home Department: CA 2 Feb 2012

The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority because the system under which the decision was taken was contained in policy guidance, not in the Immigration Rules.
Held: Richards LJ looked at cases exploring the Pankina case, and held that the ratio had been correctly identified by Foskett J in English UK as relating to the substantive criteria for entitlement to leave to enter or remain. The particular issue was whether a substantive criterion laid down in the rules could be qualified by changeable policy guidance. Sedley LJ referred to ‘criteria affecting individuals’ status and entitlements’ saying this was the content of the substantive criteria themselves, not extraneous factors which might affect the ability of an applicant to fulfil the relevant criteria. The substantive criteria governing entitlement to leave to enter or remain as a Tier 4 (General) Student were laid down in the rules and were not supplemented or qualified by guidance. Whether the sponsor held a sponsor licence did have an indirect effect on an applicant’s entitlement, in that it affected his or her ability in practice to meet the criteria. It followed that the criteria for the grant, suspension or withdrawal of a sponsor licence would have that effect. But this was materially different from the substantive criteria and did not affect their content.

Judges:

Mummery, Richards, Rimer LJJ

Citations:

[2012] EWCA Civ 51, [2012] WLR(D) 21, [2012] PTSR D21

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

CitedSecretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Appeal fromNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 7-Apr-2011
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses. . .
Appeal fromNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Oct-2010
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to . .

Cited by:

CitedAlvi, Regina (on The Application of) v Secretary of State for The Home Department SC 18-Jul-2012
The claimant had entered as a student, and then stayed under a work permit. New rules were brought in, and because his occupation as a physiotherapy assistant was not listed, he was not credited with sufficient points for a permit. The Court of . .
CitedManchester College of Accountancy and Management, Regina (on The Application of) v Secretary of State for The Home Department Admn 1-Mar-2013
The college appealed against the revocation of its Tier 4 General (Student) Sponsor Licence.
Held: The challenge failed: ‘the Defendant was entitled on the evidence to conclude that the Claimant was not properly monitoring its students’ . .
Appeal fromNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
Lists of cited by and citing cases may be incomplete.

Licensing, Immigration, Education

Updated: 04 October 2022; Ref: scu.450536

Rehman (on Behalf of The Wakefield District Hackney Carriage and Private Hire Association), Regina (on The Application of) v The Local Government Association: CA 10 Dec 2019

Whether the appellant council acted unlawfully when it resolved to fix the fees for vehicle licences for hackney carriages and private hire vehicles, often called minicabs, at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles and, if not, whether such costs may be taken into account in setting the fee for drivers’ licences.

Citations:

[2019] EWCA Civ 2166

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Licensing

Updated: 27 September 2022; Ref: scu.645548

Cherwell District Council v Anwar: Admn 10 Nov 2011

The Council appealed against the grant by the Magistrates of a hackney carriage and private hire vehicle drivers licenses to the defendant. The defendant had been convicted on his admission of an assault by beating.

Judges:

Bidder QC J

Citations:

[2011] EWHC 2943 (Admin)

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 51 59

Licensing, Road Traffic

Updated: 26 September 2022; Ref: scu.448306