Category: Licensing

Zeturf Ltd v Premier Ministre: ECJ 30 Jun 2011

ECJ Freedom To Provide Services – Off-Course Betting – Scheme giving exclusive rights to manage off-course betting on horseracing – Article 49 EC – Restriction on the freedom to provide services – Overriding reasons in the public interest – Objectives of combating gambling addiction and fraudulent and criminal activities and of contributing to rural development – Proportionality – Restrictive measure to be aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Operator pursuing a dynamic commercial policy – Measured advertising policy – Assessment of the restriction on marketing by traditional channels and by the internet.

Citations:

C-212/08, [2011] EUECJ C-212/08, [2012] Bus LR 1715

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 15 September 2022; Ref: scu.441524

Sanjivi v East Kent Health Authority: QBD 19 Dec 2000

A person who applied to the Registered Homes Tribunal, had to be the owner of the home at the time when the order sought came to be made. In this case, the registration had been cancelled. The applicant appealed to the tribunal. The hearing was delayed, but in the meantime, the applicant sold the nursing home. Since, at the time when the order was to be made, he was no longer the owner, he now had no standing to make the application. It is a condition of registration that the premises are intended to be used as a nursing home. If the premises ceased to be available to the registered person, registration must be cancelled immediately. There must be premises to inspect. Registration of the premises was inseparable from the person. In this case, there was nothing to stop the applicants applying at a later date in respect of other premises.

Citations:

Times 19-Dec-2000

Statutes:

Registered Homes Act 1984 21

Jurisdiction:

England and Wales

Cited by:

Appeal from – Sanjivi v East Kent Health Authority CA 25-Jan-2001
Renewed application for permission to appeal. . .
Lists of cited by and citing cases may be incomplete.

Health, Licensing

Updated: 13 September 2022; Ref: scu.89003

Lancashire Constabulary, Regina (on the Application Of) v Reedley Magistrates Court: Admn 19 Mar 2004

Claim by the Chief Constable of Lancashire Constabulary for an order quashing a decision of the Reedley Magistrates’ Court awarding costs to the interested party, a Mr Cairns, against the Chief Constable in a licensing application.

Judges:

Gage J

Citations:

[2004] EWHC 677 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Police, Costs

Updated: 12 September 2022; Ref: scu.195556

National Association of Health Stores and Another v Secretary of State for Health and Another: Admn 19 Dec 2003

Citations:

[2003] EWHC 3133 (Admin)

Links:

Bailii

Statutes:

Medicines Act 1968 168

Jurisdiction:

England and Wales

Cited by:

Appeal from – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
Lists of cited by and citing cases may be incomplete.

Consumer, Health, Licensing

Updated: 12 September 2022; Ref: scu.189146

MS Regina (on The Application of) v The Independent Monitor of The Home Office and Another: Admn 18 Apr 2016

The applicant challenged the disclosure of old allegations of criminal behaviour on his application for an Enhanced Criminal Records Bureau Certificate in support of his application for a hackney carriage license.

Judges:

Blair QC HHJ

Citations:

[2016] EWHC 655 (Admin), [2016] 4 WLR 88, [2016] WLR(D) 233

Links:

Bailii, WLRD

Statutes:

Police Act 1997 113B(4)

Jurisdiction:

England and Wales

Licensing, Police

Updated: 12 September 2022; Ref: scu.562906

BACI Bedfordshire Ltd, Regina (on The Application of) v The Environment Agency and Another: CA 19 Nov 2019

Did an environmental permit for a waste incineration plant incorporate an error made in the permit application, and, if so, what were the consequences in law for the permit?

Judges:

Lord Justice Lindblom, Lord Justice Henderson and Lord Justice Peter Jackson

Citations:

[2019] EWCA Civ 1962

Links:

Bailii

Jurisdiction:

England and Wales

Licensing

Updated: 09 September 2022; Ref: scu.644120

Hope and Glory Public House Ltd, Regina (On the Application of) v City Of Westminster Magistrates’ Court: Admn 21 Jul 2009

Citations:

[2009] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 07 September 2022; Ref: scu.372677

Corporation of The Hall of Arts and Sciences v The Albert Court Residents’ Association: CA 13 Apr 2011

Residential neighours of the Albert Hall complained that they had not been properly notified of an application to vary the license terms for the Hall.

Judges:

Lloyd, Wilson, Stanley Burnton LJJ

Citations:

[2011] EWCA Civ 430

Links:

Bailii

Statutes:

Licensing Act 2003

Jurisdiction:

England and Wales

Licensing

Updated: 06 September 2022; Ref: scu.432722

Chorion Plc v Westminster City Council: CA 5 Mar 2002

renewed application for permission to appeal – costs after withdrawal of application for judicial review.

Citations:

[2002] EWCA Civ 322, [2002] LLR 289

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (on the Application of Chorion Plc) v Westminster City Council Admn 5-Oct-2001
A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy . .

Cited by:

Main Judgment – Regina (on the Application of Chorion Plc) v Westminster City Council CA 30-Jul-2002
The judge had awarded the costs of part of an action to one party, and provided that overall the costs were to be assessed if not agreed. The applicant sought to have its costs own assessed.
Held: The order did not differentiate between the . .
Lists of cited by and citing cases may be incomplete.

Licensing, Costs

Updated: 06 September 2022; Ref: scu.216901

Festiva Ltd, Regina (on The Application of) v Highbury Corner Magistrates Court and Another: Admn 25 Mar 2011

Oral application for permission to apply for judicial review of a decision of Highbury Corner Magistrates’ Court dismissing the Claimant’s appeal against the reduction of its hours of permitted licensed activities at the premises known as the ‘Parker Macmillan’.

Judges:

Edwards-Stuart J

Citations:

[2011] EWHC 723 (Admin)

Links:

Bailii

Licensing

Updated: 04 September 2022; Ref: scu.431271

Tower Hamlets London Borough Council and another v Sherwood and another: CA 18 Feb 2002

The applicants had constructed kiosks on the highway with permission from the local authority under the 1990 Act. They also had licences under the 1980 act to operate as street traders. The authority later complained that the sales from the structures were not street sales, and the licences were not valid.
Held: The licensing system was intended to supplement the law of nuisance, by proscribing street trading falling short of nuisance. Trading from such structures was not street trading, and was not regulated under the 1990 Act. It was not appropriate to decide the question of whether an offence had occurred, by looking at tiny questions of when in time the sales took place. There was no promise to be implied allowing the traders a licence, or that they should be granted a lease. Nevertheless, there was an estoppel against the local authority which had represented that a licence would continue for 22 years, and it would be held to it.

Judges:

Peter Gibson, Chadwick, Longmore LLJ

Citations:

Gazette 27-Feb-2002, Times 04-Mar-2002, [2002] EWCA Civ 229, [2002] LLR 329

Links:

Bailii

Statutes:

London Local Authorities Act 1990 21(1), Highways Act 1980 Part VIIA

Jurisdiction:

England and Wales

Local Government, Licensing, Nuisance, Estoppel

Updated: 02 September 2022; Ref: scu.167710

The London Reading College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Oct 2010

The claimant challenged the removal of its name from the ‘sponsor register’ for foreign students wanting to study here.
Held: Neil Garnham QC J said: ‘It has to be remembered that the primary duty about the response to breaches of a college’s duty is the Defendant’s, and the Court’s role is simply supervisory. It has also to be remembered that the underlying principle behind this scheme is that the UKBA entrusts to colleges the power to grant visa letters on the understanding, and with their agreement, that they will act in a manner that maintains proper immigration control. The capacity for damage to the national interest in the maintenance of proper immigration control is substantial if colleges are not assiduous in meeting their responsibilities. In those circumstances, it seems to me that the Defendants are entitled to maintain a fairly high index of suspicion as they go about overseeing colleges and a light trigger in deciding when and with what level of firmness they should act.’

Judges:

Neil Garnham QC J

Citations:

[2010] EWHC 2561 (Admin), [2010] ELR 809, [2011] ACD 31

Links:

Bailii

Cited by:

Cited – Manchester 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’ . .
Lists of cited by and citing cases may be incomplete.

Education, Licensing, Human Rights

Updated: 25 August 2022; Ref: scu.425333

English UK Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2010

Foskett J interpreted Pankina: ‘The Court of Appeal held that the revised criterion could not be put in place by virtue of a process of issuing guidance. The ratio of the decision appears to me to be that a provision that reflects a substantive criterion for eligibility for admission or leave to remain must be the subject of a process that involves a true parliamentary scrutiny: see paragraphs 6, 22 and 33 of the judgment. The statutory foundation for such a conclusion is section 3(2) of the Act.’ If a change to current practice did not involve any alteration of a substantive criterion for admission or for leave to remain there would be no objection to the change being effected in some form of extrinsic guidance.’
As to the Guidance: I should say, less the effect of this decision is misunderstood, that I do not see it as in any way undermining the use generally of the guidance by or on behalf of the Secretary of State. Guidance is plainly of great value in the administration of a difficult and important area of Government policy. The decision is confined to one particular provision within the Immigration Rules although the reasoning that leads to it, if it is correct, is simply that extrinsic guidance cannot be used in the manner in which it was sought to be used in this case to make a material or substantive change in existing immigration policy without the negative resolution procedure set out in section 3(2) of the Immigration Act being implemented. That is what, as I perceive it, Pankina decided in the light of section 3(2) and I am bound by that decision . . .’

Judges:

Foskett J

Citations:

[2010] EWHC 1726 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971 3

Citing:

Explained – Secretary 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 . .

Cited by:

Cited – New 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. . .
Cited – Alvi, Regina (on The Application of) v Secretary of State for The Home Department Admn 25-Oct-2010
The claimant, a 32 year old Pakistani national, had been refused leave to remain as a Tier 2 (General) Migrant worker. He had worked as a physiotherapy assistant, and said that this should have entitled him to 50 points under the assessment system. . .
Cited – Alvi, Regina (on The Application of) v Secretary of State for The Home Department CA 9-Jun-2011
The claimant appealed against the refusal of the Secretary of State to grant him leave to remain to a non-EEA economic migrant. The claimant had entered as a student and stayed working as a physiotherapy assistant. He said that on the change of . .
Cited – Alvi, 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 . .
Lists of cited by and citing cases may be incomplete.

Education, Licensing

Updated: 21 August 2022; Ref: scu.420777

Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017

The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all in the event succeeded, and I can call them ‘the licence holders’.
Held: During the year at issue, the fault as only in requiring a contribution to the costs of running the scheme at the time of the application for the licence. A similar fee at the time of the grant of a licence was not invalid. The balance as remitted to the Administrative court.
‘The scheme which the council operated was only defective in so far as it required payment up front at the time of the application. Its invalidity was limited. Contrary to the respondents’ case, European law permits a fee to cover the costs of running and enforcing the licensing scheme becoming due upon the grant of a licence. There is no imperative under European law, as incorporated domestically by the 2009 Regulations, to treat the whole scheme as invalid, rather than to invalidate it to the extent of the inconsistency’

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson

Citations:

[2017] UKSC 50, [2017] WLR(D) 553, [2018] AC 676, [2017] 3 WLR 342, [2017] PTSR 1020, UKSC 2013/0146

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC, SC Summary, SC Summary Video, SC 20170511 am Video

Statutes:

Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009 (SI 2009/2999)

Jurisdiction:

England and Wales

Citing:

At CA – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At SC (1) – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At ECJ – Hemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 6-Sep-2011
Refusal to reimburse a tax paid in error – Unjust enrichment arising from the link between the introduction of that tax and the abolition of other taxes . .
Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 7-Dec-2010
ECJ (Opinion) Taxes do not conform to National Union law – Repayment – Refusal – Repercussion – Unjust enrichment – Compensation for illegal tax by the simultaneous removal of other statutory charges – Internal . .
Lists of cited by and citing cases may be incomplete.

Licensing, European, Local Government

Updated: 19 August 2022; Ref: scu.590446

Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012

The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system.
Held: The claim succeeded. The council’s Licensing Sub-Committee had failed to determine any yearly fee after 7 September 2004 (when it determined the fee for the year ended 31 January 2005 and no more) until 5 January 2012 (when it determined the fee for the year ended 31 January 2013). All that had happened in the intervening years was that the council’s officers had simply assumed that the same fee as set on 7 September 2004 continued to apply and had charged licence applicants accordingly.

Judges:

Keith J

Citations:

[2012] EWHC 1260 (Admin), [2012] PTSR 1676

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
Cited – Regina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
Cited – Waikato Regional Airport Ltd and others v Attorney General PC 30-Jun-2003
PC New Zealand . .

Cited by:

Appeal from – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At First Instance – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 19 August 2022; Ref: scu.457760

Staatsanwaltschaft Linz v Engelmann: ECJ 23 Feb 2010

(Opinion) – Games of chance – restriction of licenses to companies registered with member state.

Judges:

Mazak AG

Citations:

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

Links:

Bailii

Cited by:

Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Licensing

Updated: 19 August 2022; Ref: scu.416401

Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council: SC 29 Apr 2015

The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring the system overall. The Counicl argued that their refusal was not a breach of the 2006 Directive.
Held: The court rejected the first way that the Council put its case. Article 13(2) is only concerned with authorisation procedures and formalities at the stage when a person is seeking permission to access or exercise a service activity. That is its natural meaning, read with the definition of ‘authorisation scheme’ in article 4. Article 13(2) is not concerned with fees which may be required to be paid (eg annually) for the possession, retention or renewal of a licence, once the authorisation stage is satisfactorily past. The ‘charges which the applicants may incur from their application’ to which article 13(2) refers cannot sensibly embrace fees of this nature payable by successful applicants for the licence or its retention or renewal after the authorisation stage.
However, the remaining questions did reuire reference to the European Court. They were: ‘(1) whether the requirement to pay a fee including the second refundable part means, as a matter of law and without more, that the respondents incurred a charge from their applications which was contrary to article 13(2) in so far as it exceeded any cost to Westminster City Council of processing the application, or
(2) whether a conclusion that such a requirement should be regarded as involving a charge – or, if it is so to be regarded, a charge exceeding the cost to Westminster City Council of processing the application – depends on the effect of further (and if so what) circumstances, for example: (a) any evidence establishing that the payment of the second refundable part involved or would be likely to involve an applicant in some cost or loss, (b) any saving in the costs to Westminster City Council of processing applications (and so in their non-refundable cost) that would result from requiring an up-front fee consisting of both parts to be paid by all applicants.’

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson

Citations:

[2015] UKSC 25, [2015] BLGR 753, [2015] PTSR 643, [2015] WLR(D) 193, [2015] AC 1600, [2015] 3 CMLR 9, [2015] LLR 564, [2015] 2 WLR 1271, UKSC 2013/0146

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary

Statutes:

Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
Cited – Regina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
At First Instance – Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council Admn 16-May-2012
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the . .
Appeal from – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .

Cited by:

At SC (1) – Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council SC 19-Jul-2017
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the . .
Reference – Hemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing, European

Updated: 18 August 2022; Ref: scu.546149

Raphael, Regina (on The Application of) v Highbury Corner Magistrates Court: Admn 10 Jun 2010

Whether the licensing sub-committee of the London Borough of Islington had authority to decide a review of the applicant’s nightclub licence.

Citations:

[2010] EWHC 1502 (Admin), [2010] BLGR 896, [2011] PTSR 152

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Local Government

Updated: 18 August 2022; Ref: scu.420421

Pocket Kings Ltd v Safenames Ltd and Another: ChD 16 Oct 2009

Claimant’s application for summary judgment in default of acknowledgment of service – forfeiture of internet domain names

Judges:

Michael Furness QC

Citations:

[2009] EWHC 2529 (Ch), [2010] 2 WLR 1110, [2010] Ch 438

Links:

Bailii

Statutes:

State Immunity Act 1978

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property, Licensing

Updated: 16 August 2022; Ref: scu.377218

Sagnata Investments Ltd v Norwich Corporation: CA 1971

The court hear an appeal to quarter sessions against a licensing decision taken by a local authority. The application was rejected by the local authority against whose decision an appeal lay to the Quarter Sessions. The Recorder allowed the appeal and the City Corporation appealed to the Court of Appeal
Held: (Majority) Where an appellate court or tribunal has to reach its own decision, after hearing evidence, it does not, in general, simply start afresh and disregard the decision under appeal.
A public authority may set general policy governing its approach so long as its practice admits of exceptions and it does not suit its ears to claims that grounds for an exception exist in a particular case.
Lord Denning (dissenting) considered that the local authority was entitled to its opinion that it was socially undesirable to have such arcades in Norwich and that the recorder was wrong to substitute his view for those of the elected body responsible for making such decisions.
Edmund Davies LJ, at page 633, quoted Lord Denning in the course of argument as summarising the issue in this way:
‘Is the hearing to be treated as a new trial to be determined on evidence de novo, without being influenced by what the local authority has done; or is the hearing to be treated as an appeal proper, in which the local authority’s decision is to be regarded as of considerable weight, and is not to be reversed unless their decision is shown to be wrong?’
Edmund Davies LJ considered that this was a false antithesis. From the reasons which he gave for preferring an intermediate position, he must have understood the second of Lord Denning’s alternatives (‘an appeal proper’) as confined to deciding whether the local authority’s decision was wrong in law on the material before it. He went on to say, at page 636:
‘The provision for an appeal to quarter sessions seems to me largely, if not entirely, ‘illusory’ if the contention of the appellant council is right. If it is, I am at a loss to follow how the recorder set about discharging his appellate functions. Lacking all information as to what had happened before the local authority, save the bare knowledge that they had refused the application and their written grounds for refusal, he would be powerless, as I think, to make any effective examination of the validity of those reasons.’
Edmund Davies LJ expressed his conclusion as follows:
‘ . . I hold that the proceedings before this recorder were by way of a complete rehearing.
But, contrary to what has been contended, this conclusion does not involve that the views earlier formed by the local authority have to be entirely disregarded by quarter sessions. It is true that in Godfrey v Bournemouth Corporation [1969] 1 WLR 47, after observing that an appeal to quarter sessions under schedule 6 to this same Act was by way of a complete rehearing, Lord Parker CJ said, at p 52, ‘the discretion is a discretion which the recorder in the present case had to arrive at himself uninfluenced by what the local authority had done’. But with respect, I do not accept this. It went much too far, it was in direct conflict with the view which Lord Parker had earlier expressed in R v Essex Quarter Sessions, ex parte Thomas [1966] 1 WLR 359-363, it was contrary to the approach adopted both by the recorder and by Lord Parker CJ himself in the instant case, and it was, with deference, an uncalled-for observation. Here again, Stepney Borough Council v Joffe [1949] 1 KB 599 establishes what I regard as the proper approach, for, having made the point that there was in that case an unrestricted appeal, Lord Goddard CJ continued at pp 602, 603:
‘That does not mean to say that the court of appeal, in this case the metropolitan magistrate, ought not to pay great attention to the fact that the duly constituted and elected local authority have come to an opinion on the matter, and ought not lightly, of course, to reverse their opinion. It is constantly said (although I am not sure that it always sufficiently remembered) that the function of a court of appeal is to exercise its powers when it is satisfied that the judgment below is wrong, not merely because it is not satisfied that the judgment was right.’
Phillimore LJ’s judgment was to similar effect.

Judges:

Lord Denning MR, Edmund Davies and Phillimore LJJ

Citations:

[1971] 2 QB 614

Statutes:

Betting, Gaming and Lotteries Act 1963

Jurisdiction:

England and Wales

Cited by:

Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 16 August 2022; Ref: scu.631411

Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011

The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act.
Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied that the decision of the licensing authority was wrong.
Toulson LJ said: ‘It is right in all cases that the magistrates’ court should pay careful attention to the reasons given by the licensing authority for arriving at the decision under appeal, bearing in mind that Parliament has chosen to place responsibility for making such decisions on local authorities. The weight which magistrates should ultimately attach to those reasons must be a matter for their judgment in all the circumstances, taking into account the fullness and clarity of the reasons, the nature of the issues and the evidence given on the appeal.’

Judges:

Toulson LJ

Citations:

[2011] EWCA Civ 31, [2011] PTSR 868, (2011) 175 JP 77

Links:

Bailii

Statutes:

Licensing Act 2003 181(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Leeds City Council v Leeds District Magistrates and Another Admn 11-Apr-2013
The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given.
Held: There were no findings . .
Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Licensing

Updated: 14 August 2022; Ref: scu.428311

Internetportal Und Marketing v Richard Schlicht: ECJ 10 Feb 2010

ECJ Opinion – Internet .eu -Top Level Domain – Regulation (EC) No 874/2004 Article 21 – Registration of a domain by the proprietor of a national trade mark acquired for the sole purpose of enabling that registration to take place during the first phase of phased registration – Notion of ‘right’ – Notion of ‘legitimate interest’ – Notion of ‘bad faith’ – Article 11 – Rules for the transcription of special characters National trade mark registered in bad faith.

Judges:

Trstenjak AG

Citations:

C-569/08, [2010] EUECJ C-569/08 – O

Links:

Bailii

Statutes:

Regulation (EC) No 874/2004 21

Cited by:

Opinion – Internetportal Und Marketing v Richard Schlicht ECJ 3-Jun-2010
EC Internet .eu Top Level Domain – Regulation (EC) No 874/2004 – Domain names – Phased registration – Special characters – Speculative and abusive registrations – Concept of ‘bad faith’ . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Licensing

Updated: 14 August 2022; Ref: scu.401828

Baker v The British Boxing Board of Control: QBD 25 Jun 2014

The claimant a boxing promoter had had his licence withdrawn for misconduct. He said that the respondent licensing authority had acted unlawfully and in breach of the 1988 Act. He now requested orders which would ensure his re-instatement pending the outcome of his challenge.

Judges:

Sir David Eady

Citations:

[2014] EWHC 2074 (QB)

Links:

Bailii

Statutes:

Competition Act 1988

Jurisdiction:

England and Wales

Licensing, Commercial

Updated: 07 August 2022; Ref: scu.533765

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a breach of the European Torture Regulation.
Held: The claims failed: ‘the obligation of the United Kingdom under the Convention does not extend to securing Convention rights to these Claimants. The Claimants are US citizens convicted and sentenced by US Courts in respect of offences committed in the United States. They are being held in the United States. They face a penalty imposed in accordance of the laws of the United States which will be implemented there. They are not and never have been at any material times within the territorial jurisdiction of the United Kingdom.’ Nor could the Charter be used to extend the scope of the Convention to include the claimants.
The rubric, ‘implementing EU law’ is to be interpreted broadly and, in effect, means whenever a member state is acting ‘within the material scope of EU law’.
Lloyd Jones J said: ‘If the claimants were correct in their submission that the Charter recognises Convention Rights without the limitation imposed by art.1 ECHR, the result would be very radical indeed. Whereas States party to the Convention undertake to secure Convention rights to persons within their jurisdiction (in the sense explained in Bankovic) the Charter would confer such rights on anyone, anywhere in the world, regardless of whether they have any connection with the European Union. That such a result should be brought about without any express reference to the massive extension which was being effected would be most surprising.’

Judges:

Lloyd Jones J

Citations:

[2010] EWHC 3110 (Admin), [2011] ACD 33, [2011] Eu LR 315, [2011] HRLR 6

Links:

Bailii

Statutes:

Export Control Act 2002, EU Council Regulation 1236/2005, Export Control Order 2008, EU Export Control Order 2008, Charter of Fundamental Rights of the European Union

Jurisdiction:

England and Wales

Citing:

Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Pratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Al-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
Cited – Martinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
Cited – Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
Cited – Wachauf v Bundesamt Fur Ernahrung und Forstwirtschaft ECJ 13-Jul-1989
ECJ 1. The term ‘holding’ in Article 12(d) of Council Regulation No 857/84 relating to the application of the additional levy on milk covers all the agricultural production units which are the subject of a lease, . .
Cited – Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
Cited – Annibaldi v Sindaco del Comune di Guidonia and Presidente Regione Lazio ECJ 18-Dec-1997
ECJ (Judgment) Agriculture – Nature and archaeological park – Economic activity – Protection of fundamental rights- Lack of jurisdiction of the Court. . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – NS, Regina (on The Application of) v Secretary of State for The Home Department CA 12-Jul-2010
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .

Cited by:

Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Cited – Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
Cited – Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 22-May-2013
The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Licensing, European, Human Rights

Updated: 07 August 2022; Ref: scu.426735

Horseferry Road Justices and others v City of Westminster: CA 1 Jul 2003

Citations:

[2003] EWCA Civ 1007, [2004] 1 WLR 195

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – J A Pye (Oxford) Limited v South Gloucestershire District Council CA 26-Oct-2000
The company appealed an award by way of valuation for land which was to valued as if purchased compulsorily. It was argued that they were raising points which should have been litigated before the Lands Tribunal.
Held: The appeal to the court . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 06 August 2022; Ref: scu.184824

Victor Chandler International v Commissioners of Customs and Excise and Another: ChD 17 Aug 1999

A document is a material object. A form presented as a screen via Teletext did not constitute an ‘advertisement or document’ under the Act, and its circulation within the UK without a licence was not an offence. The prohibition was against advertisements in the form of a document, so the broadcast of the form was not in breach. Information alone cannot constitute a document.

Judges:

Mr Justice Lightman

Citations:

Times 17-Aug-1999, Gazette 11-Aug-1999

Statutes:

Betting and Gaming Duties Act 1981 9(1)(b)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Lists of cited by and citing cases may be incomplete.

Licensing, Customs and Excise

Updated: 06 August 2022; Ref: scu.90159

Cambridge City Council, Regina (On the Application of) v Alex Nestling Ltd: Admn 17 May 2006

Citations:

[2006] EWHC 1374 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Costs, Licensing

Updated: 04 August 2022; Ref: scu.376250

Hall and Woodhouse Ltd v The Borough and County Of the Town Of Poole: Admn 3 Apr 2009

Appeal by way of case stated from a decision of District Judge Pattinson sitting at the Bournemouth Magistrates Court by which he found the appellant, Hall and Woodhouse Limited, guilty of four offences under section 136(1)(a) of the Licensing Act 2003

Citations:

[2009] EWHC 1587 (Admin), (2009) 173 JP 433, [2010] PTSR 741

Links:

Bailii

Jurisdiction:

England and Wales

Licensing

Updated: 30 July 2022; Ref: scu.347741

Secretary 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 unhappily short of the high standards of fairness and openness which is now routinely attained by British government departments. ‘
Laws LJ said that there is ‘a very high duty on public authority respondents, not least central government, to assist the court with full and accurate explanation of all the facts relevant to the issue the court must decide’

Judges:

Lord Justice Laws, Lord Jusice Aldous, Lord Justice Johnathan Parker

Citations:

[2002] EWCA Civ 1409, [2002] All ER (D) 450

Links:

Bailii

Statutes:

South Georgia and South Sandwich Islands Order 1985, British Settlements Acts 1887, British Settlements Acts 1945

Jurisdiction:

England and Wales

Citing:

Appeal from – Quark 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 – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .

Cited by:

See also – 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 . .
See also – Quark 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 . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Licensing, Agriculture, Judicial Review

Updated: 28 July 2022; Ref: scu.178216

Chief Constable of West Midlands Police, Regina (On the Application of) v Coventry Crown Court: Admn 6 Jun 2000

The Chief Constable sought judicial review of the award against him of costs after a successful appeal against the revocation of a justices’ on-licence for premises in Coventry. The initial revocation had followed the cautioning of members of the licencee’s family, but not the licensee, after drugs had been found on searching the premises. The Chief constable said that he had not acted unreasonably or in bad failth, and the judgment on the successful appeal had contained no criticism.
Held: The request for judicial review succeeded. The judge at the crown court had been wrong to award costs. The judge had not wanted to criticise the police action publicly, but that was inappropriate, but even had the reasons been given they would have fallen short of the level of disapproval required before making an award of costs.

Judges:

Munby J

Citations:

[2000] EWHC 648 (Admin), [2001] LLR 144

Links:

Bailii

Citing:

Cited – Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Cited – Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police Admn 9-Nov-1998
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 . .
Lists of cited by and citing cases may be incomplete.

Police, Licensing, Costs

Updated: 24 July 2022; Ref: scu.331006

Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others: Admn 31 Jul 2003

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 licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights.
Held: The purpose behind the application for the special removal of the on-licence so as to allow a grant to themselves was not an abuse of process. The removal of a licence might infringe the rights of the claimants as neighbours under article 8. the proceedings were a determination of those rights under article 6, but to the extent that it did, any such interference was proportionate. Remedies and protections were provided.

Judges:

The Honourable Mr Justice Owen

Citations:

[2003] EWHC 1937 (Admin), Times 01-Sep-2003

Links:

Bailii

Statutes:

Licensing Act 1964 15, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – In re Marjory 1955
Lord Evershed said: ‘ . . court proceedings may not be used or threatened for the purpose of obtaining for the person so using for threatening them some collateral advantage to himself, and not for the purpose for which such proceedings are properly . .
Cited – Goldsmith v Sperrings Ltd CA 1977
Claims for Collateral Purpose treated as abuse
The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors . .
Cited – Asselbourg v Luxembourg ECHR 1995
The applicants complained that the grant of licences for a steelworks would result in pollution, release of toxic gases and noise, and that the grant of the licences would infringe their article 8 rights. The court rejected the application ‘From the . .
Cited – Regina (Vetterlein) v Hampshire County Council Admn 2001
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights.
Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .

Cited by:

Appeal from – Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others Admn 15-Mar-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’ . .
Lists of cited by and citing cases may be incomplete.

Licensing, Human Rights

Updated: 24 July 2022; Ref: scu.185632

Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009

The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence.
Held: The court did not have the jurisdiction it used: ‘The terms of the section 300 of the Public Health Act 1936 are, in my view clear. A fixed period of 21 days is given to bring an appeal. Parliament did not provide for an extension of time which it clearly could have done if that had been the intention. In addition Parliament made it mandatory that the document notifying the person of the decision should state the right of appeal and the time within which such an appeal might be brought. That, it seems to me, is a pointer to the importance of compliance with the time limit and would militate against any implied right of extending the time.’

Judges:

Christopher Symons QC

Citations:

[2009] EWHC 228 (Admin)

Links:

Bailii

Statutes:

Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976 861, Public Health Act 1936 300, Civil Procedure Rules 3.1

Citing:

Cited – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007
The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days.
Held: Latham LJ said: ‘I acknowledge . .
Cited – Project Blue Sky Inc v Australian Broadcasting Authority 28-Apr-1998
(High Court of Australia) ‘In our opinion, the Court of Appeal of New South Wales was correct in Tasker v Fullwood in criticising the continued use of the ‘elusive distinction between directory and mandatory requirements’ and the division of . .
Mentioned – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007
The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days.
Held: Latham LJ said: ‘I acknowledge . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Licensing

Updated: 23 July 2022; Ref: scu.293922

Regina 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.

Judges:

Collins J

Citations:

Times 29-Jul-1997, [1997] EWHC Admin 674

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.

Health, Licensing, Administrative

Updated: 21 July 2022; Ref: scu.87315

Mayer Parry Recycling Ltd v The Environment Agency: ChD 9 Nov 1998

Whether materials were a waste, requiring waste management licenses and procedures, was determined by whether any further process of reclamation or recycling was required. Materials used without further processing were not waste materials under the Act.

Citations:

Times 03-Dec-1998, Gazette 10-Feb-1999, [1998] EWHC Ch 286

Links:

Bailii

Statutes:

Waste Management Licensing Regulations 1994 (1994/1056)

Jurisdiction:

England and Wales

Environment, Licensing, European

Updated: 19 July 2022; Ref: scu.162965

Aspinall’s Club Ltd v Al-Zayat: ComC 3 Sep 2008

The claimant sought payment on a cheque in respect of gamblig debts incurred by the defendant. Teare J said: ‘The ordinary and natural meaning of credit in the context of section 16 of the Act is ‘time to pay’, in the sense of deferring or postponing the punter’s obligation to pay for the chips he is about to use . . or has used . . Credit may be provided or allowed unilaterally in the sense that the bank will defer or postpone the obligation to pay . .’

Judges:

Teare J

Citations:

[2008] EWHC 2101 (Comm), [2008] Bus LR D134

Links:

Bailii

Statutes:

Gaming Act 1968 16(1)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Knightsbridge London Crown Court ex parte Marcrest Properties Ltd CA 1983
The court was asked not to renew a gaming licence on the basis that the company was not a fit and proper person. They had a practice of repeatedly accepting cheques from persons whose previous cheques had been dishonoured, and in circumstances in . .

Cited by:

Cited – The Ritz Hotel Casino Ltd v Al Daher QBD 15-Aug-2014
The claimant sought to recover andpound;1m on unpaid cheques. The cheques represented half of the sum gambled away by the defendant in one evening. She now alleged that the claimant had not complied with its duties under the 2005 Act to act . .
Lists of cited by and citing cases may be incomplete.

Contract, Licensing

Updated: 19 July 2022; Ref: scu.273119

Association of British Travel Agents Ltd, Regina (on the Application of) v Civil Aviation Authority and Another: Admn 16 Jan 2006

Citations:

[2006] EWHC 13 (Admin)

Links:

Bailii

Statutes:

Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995

Jurisdiction:

England and Wales

Cited by:

Appeal from – Association of British Travel Agents Ltd v Civil Aviation Authority CA 18-Oct-2006
. .
Lists of cited by and citing cases may be incomplete.

Transport, Licensing

Updated: 18 July 2022; Ref: scu.237843

Bocardo Sa v Star Energy UK Onshore Ltd and Another: ChD 24 Jul 2008

The defendant had obtained a licence under the Act to extract oil from beneath its land. To do so, it had to drill at a deep level under the claimant’s land. It did so without the claimant’s permission. The claimant sought damages in trespass.
Held: The intrusion was a trespass. Damages were awarded based on the licence fees which might have been charged.

Judges:

Peter Smith J

Citations:

[2008] EWHC 1756 (Ch), [2008] 2 P and CR 23, [2009] 1 All ER 517, [2008] NPC 99, [2008] 30 EG 83

Links:

Bailii

Statutes:

Petroleum (Production) Act 1934

Jurisdiction:

England and Wales

Cited by:

Appeal from – Star Energy UK Onshore Ltd and Another v Bocardo Sa CA 15-Jun-2009
The appellant had taken out a licence to drill for oil on its land. To maximise its return it drilled at a deep level out under the claimant’s land. It now appealed against a finding that this was a trespass, and that it should pay damages on a . .
At First Instance – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.

Licensing, Land

Updated: 18 July 2022; Ref: scu.271040

Harman v Butt: 1944

A condition imposed on a cinema license not allowing children under a certain age was intra vires the Act. The licence to open on Sundays originated in a representation by the commanding officer of forces stationed in the neighbourhood.
Held: Atkinson J said: ‘I am satisfied that the defendants were entitled to consider matters relating to the welfare, including the spiritual well-being, of the community and of any section of it, and I hold that this condition that no child under the age of sixteen should be admitted to this cinematograph theatre on Sunday is not ultra vires on the ground that it is not confined to the user of the premises by the licensee, but relates to the interest of a section of the community.’ and as to the authorities: ‘It is apparent that there are at least three totally different occasions on which licensing justices may be called on to exercise their discretion to issue a licence and to determine on what conditions the licence shall be issued. The application may be under the Cinematograph Act, 1909, relating to six days of the week, excluding Sundays. It may be one relating solely to Sundays under the Sunday Entertainments Act, 1932, where in the case of a borough the majority of the local government electors have expressed a desire for Sunday performances. Thirdly, it may be one where the local government electors have expressed no such wish, but where the application is made for the benefit of those members of the forces who are stationed in the neighbourhood for the time being.’

Judges:

Atkinson J

Citations:

[1944] KB 491

Statutes:

Cinematograph Act 1909, Sunday Entertainments Act 1932

Jurisdiction:

England and Wales

Cited by:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 17 July 2022; Ref: scu.224430

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The matter was remitted to be heard before a different bench. Though the case should have been heard by magistrates who were members of the family panel, that was not sufficient itself to vitiate the decision.

Judges:

Wall J

Citations:

Gazette 25-Oct-2001

Statutes:

Magistrates Courts Act 1980, Children Act 1989 77(6), Human Rights Act 1998

Jurisdiction:

England and Wales

Licensing, Children, Magistrates

Updated: 15 July 2022; Ref: scu.166696

Regina v Medicines Control Agency ex parte Smith and Nephew (Primecrown Ltd intervening): ChD 1999

The court considered liability to third partries under a cross-undertaking given to the court: ‘Whether the recoverable damage is that which is foreseeable by the plaintiff or that which is directly caused by the injunction is not in point. None of the differing views expressed in the cases go so far as to say that the injunctee can claim for damage not suffered by him. Nor do the very words of the undertaking (which is the foundation of the jurisdiction) suggest that he can recover more than that which he has suffered, whether that damage is foreseeable by the injunctor or not. Thus while I have sympathy with Mr Howe’s ‘flexible approach’ I do not think it can go so far as to require the ‘wrongful injunctor’ to pay for damage not suffered by the injunctee at all.
I think this consideration also disposes of Mr Howe’s Linden Gardens point. In that case the House of Lords held that damages for breach of a contract between a developer and a builder should include the damage suffered by the purchaser from the developer. The parties could be treated as having entered into the contract on the basis that the developer would be entitled to enforce its contractual rights on behalf of purchaser who suffered the actual damage. The case depended on the parties having full knowledge that the developer was going to pass the property on to the purchaser, so the builder knew exactly who would be suffered if his work was inadequate. Mr Howe suggested that in this case there is a parallel in that SandN expected to have to pay for trading losses. So they did, but they did not undertake to pay for trading losses, they only undertook to pay for Primecrown’s losses. The analogy with Linden Gardens breaks down.’

Judges:

Jacob J

Citations:

[1999] RPC 705.

Jurisdiction:

England and Wales

Citing:

Cited – Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .

Cited by:

Cited – Smithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Licensing

Updated: 13 July 2022; Ref: scu.231218