The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’
[2018] EWHC 1996 (Admin)
England and Wales
Updated: 26 April 2022; Ref: scu.621440
The parties disputed the rights to move an oil painting where a license was said to have been required under Italian law.
Carr DBE J
[2018] EWHC 1822 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620662
The Claimant, the Avaaz Foundation, challenged the decision of the Office of Communications concluding that various allegations of impropriety made against Fox News, a subsidiary of 21st Century Fox Inc, and the evidence in support of those allegations, did not provide a sufficient basis for it to decide in advance of a proposed merger between Fox and Sky plc that Sky, an existing holder of statutory broadcast licences, would not remain fit and proper to hold its licences.
Supperstone J
[2018] EWHC 1973 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620632
[2017] EWHC 435 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.619949
(Mauritius)
[2018] UKPC 16
Commonwealth
Updated: 25 April 2022; Ref: scu.619845
(Mauritius)
Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Mance
[2009] UKPC 8
Commonwealth
Updated: 24 April 2022; Ref: scu.618963
Ouseley J
[2018] EWHC 1274 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618115
Application for judicial review of decision to dismiss appeal from revocation of Firearm and Shotgun Certificates.
[2018] EWHC 1182 (Admin)
England and Wales
Updated: 22 April 2022; Ref: scu.616331
ECJ Status of Gibraltar – Freedom To Provide Services – Purely Internal Situation – Inadmissibility : Judgment
[2017] WLR(D) 166, [2018] 1 CMLR 362, ECLI:EU:C:2017:449, [2017] EUECJ C-591/15, [2017] 4 WLR 67, [2017] 4 WLR 167
European
Cited – Department of Health and Social Security v Barr and Montrose Holdings (Judgment) ECJ 3-Jul-1991
Europa It follows from Article 1(3) of the Treaty of Accession 1972 in conjunction with Article 158 of the Act of Accession that the jurisdiction in preliminary ruling proceedings conferred on the Court by . .
Cited – Routier and Another v Revenue and Customs SC 16-Oct-2019
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax.
Held: Jersey was to be considered a third country for the purpose . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 April 2022; Ref: scu.588272
A lottery scheme where participation by means of requesting a scratchcard was not dependent upon making a purchase, but where in practice such a purchase would be felt to be necessary, and would be likely to be made, was unlawful. A contract or loan made in support of such a scheme was unenforceable.
Times 23-Jun-1999
England and Wales
Updated: 20 April 2022; Ref: scu.88933
Application for judicial review of a decision of the Disciplinary Committee of the Association of Chartered Certified Accountants.
Sales J
[2014] EWHC 2572 (Admin)
England and Wales
Updated: 15 April 2022; Ref: scu.535298
Treacy LJ, Holgate J
[2018] EWHC 733 (Admin)
London Local Authorities Act 1991 6
England and Wales
Updated: 13 April 2022; Ref: scu.608935
Kerr J
[2018] EWHC 757 (Admin)
Local Government (Miscellaneous Provisions) Act 1976
England and Wales
Updated: 13 April 2022; Ref: scu.608915
The court considered the word ‘used’ in the context of a TV Licensing prosecution.
Held: The word ‘use’ is to be interpreted in its natural and ordinary meaning.
[1987] 1 WLR 786, [1987] 2 All ER 553, (1987) 85 Cr App R 358
England and Wales
Cited – Regina v Blake CACD 31-Jul-1996
The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety. . .
Cited – Floe Telecom (In Administration) v Office ofCommunications; Vodafone Ltd v T-Mobile (UK) Ltd CAT 19-Nov-2004
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.572623
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and the council was not precluded from applying its policy.
Beatson J
[2006] EWHC 815 (Admin), Times 14-Apr-2006, [2007] 1 All ER 400
England and Wales
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Cited – The British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
Cited – Cranage Parish Council v First Secretary of State Admn 2004
The court considered the status of planning policies: ‘For one thing, in the planning field of policies and development plans of this kind are commonly drafted by planners for planners and often are very loosely drafted. They are not, putting it . .
Cited – 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 – 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 . .
Cited – Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others QBD 3-Oct-1995
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had . .
Cited – Regina v Kerrier District Council, ex parte Uzell Blythe and Sons 1996
The court referred to the decision of Sedley J in Atkinson adding: ‘As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions.’ . .
Cited – Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council CA 15-Mar-1999
. .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.240338
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 had the meaning contended for by the claimant, even though that had not been the meaning intended by the defendant council, and: ‘I also accept Mr Hunter’s [counsel for the claimant] submission that publishing a policy that meant something other than what was intended rendered that policy susceptible to judicial review. Policies are a means of promoting consistency while not fettering the discretion of a public body . . ‘
[2001] EWHC Admin 754
England and Wales
Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – The British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Appeal from – Chorion Plc v Westminster City Council CA 5-Mar-2002
renewed application for permission to appeal – costs after withdrawal of application for judicial review. . .
See Also – 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.
Updated: 12 April 2022; Ref: scu.167238
A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.
Times 07-May-1993
Local Government Miscellaneous Provisions Act 1976 55
England and Wales
Updated: 10 April 2022; Ref: scu.90565
Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a European Directive, but the new regulations did not specifically disapply the regime for amending the licences. He should have made it clear in the statutory instrument that the protections were being removed. The regulations made under section 2(2) of the 1972 Act which, if valid, took away valuable rights of Orange which they had enjoyed under the Telecommunications Act 1984, were ultra vires, on the ground that the regulations had failed explicitly to state that rights enjoyed under primary legislation were being taken away.
Times 15-Nov-2000, Gazette 23-Nov-2000
Telecommunications Act 1984 12 13 14 15, Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (1999 no 2540), European Communities Act 1972 2(2)
Distinguished – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .
Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 April 2022; Ref: scu.88661
A Crown Court judge had the right to apply his own fair procedure in the absence of a standard procedure.
Times 22-Apr-1997, [1997] EWHC Admin 253
Updated: 09 April 2022; Ref: scu.87170
Board’s discretion on the charges it is to make is wide. Such decisions are unchallengeable if rational.
Ind Summary 05-Feb-1996
Betting Gaming and Lotteries Act 1963
Updated: 09 April 2022; Ref: scu.86893
An application for a bingo hall license can be heard before the hall itself is built. The application is submitted with plans for the building, and if the building does not conform, the license will be invalid.
Justice Sedley
Times 05-Apr-1996
Updated: 09 April 2022; Ref: scu.86682
A Local Authority may properly consider any apparent demand for such services when considering an application for a licence for an amusement centre.
Times 09-Mar-1995
Updated: 09 April 2022; Ref: scu.86348
‘Resorting to’ meant from time of entry to premises and whilst there.
Times 23-Feb-1995
Betting and Gaming Duties Act 1981
Updated: 09 April 2022; Ref: scu.86420
Unreasonable licence conditions to be rectified by appeal not Judicial Review.
Times 13-May-1994
Updated: 09 April 2022; Ref: scu.86148
Local Authority to hear applications before determining number of sex shops, and not to decide itself first.
Times 19-May-1994
Updated: 09 April 2022; Ref: scu.86158
The offence of driving a licensed private hire vehicle in a controlled district depended upon proof that the defendant was aware of the fact that he was driving in such an area.
Times 04-Dec-1998, Gazette 17-Mar-1999
Local Government (Miscellaneous Provisions) Act 1976 47
Updated: 09 April 2022; Ref: scu.85910
A hackney council vehicle licence holder had sufficient locus standi as a person aggrieved to appeal against a condition sought to be imposed by the local authority on the licensing of private hire vehicle licenses. Accordingly the Magistrates should hear his complaint and objection. The statute was not narrowly drafted so as to exclude the applicant, although it was not limitless.
Times 07-Jul-2000
Local Government (Miscellaneous Provisions) Act 1976 48
Updated: 09 April 2022; Ref: scu.85579
A waste disposal licence was suspended. The notice provided that the suspension would terminate when the Environment Agency notified the licence holder that it in its view the disposal could safely be continued. The company complained that this was not sufficiently an ‘event’ and that accordingly the notice was ineffective. It was held that the word ‘event’ should not be construed so restrictively. The event should be related to the suspension but not further limited in its nature. The condition was appropriate.
Times 15-Mar-2000
Updated: 09 April 2022; Ref: scu.85496
The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between ‘means’ (namely how the demand is to be met) and ‘ends’ (the satisfaction of reasonable demands) and that as a matter of language, whilst the Director is expressly made the arbiter of the means to the end, he is not so made the arbiter of the ends. Section 3 recognises that there is a public interest in reasonable demands for telecommunication services being met and the court is intended to be the guardian of that public interest. The exercise in deciding whether a demand is reasonable or not requires no sophisticated exercise necessitating the Director’s experience, expertise and fund of knowledge of this and other markets. The court is well equipped and experienced in deciding questions of reasonableness. The duty of the Director was to exercise his functions in the manner which ‘he considers best calculated to secure . . such telecommunications services as satisfy all reasonable demands for them . . ‘ and ‘Where the Act has conferred the decision making and function on the Director, it is for him, and him alone, to consider the economic arguments, weigh the compelling considerations and arrive at a judgment. The . applicants have no right of appeal; in these judicial review proceedings so long as he directs himself correctly in law, his decision may only be challenged on Wedensbury grounds. The court must be astute to avoid the. danger of substituting its views for the decision maker and of contradicting (as in this case) a conscientious decision maker acting in good faith and with knowledge of all the facts. ‘ and ‘If (as I have stated)the court should be very ‘slow to impugn decisions of fact made by an expert and experienced decision maker, it must surely be even slower to impugn his educated prophesises and predictions for the future.’
Lightman J
Times 07-Dec-1998, Gazette 10-Feb-1999, [1999] ECC 314
Cited – Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications Admn 27-Jun-2003
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls.
Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – Wildman, Regina (on the Application of) v The Office of Communications Admn 25-Jul-2005
The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.85227
Where a party intended to object to the grant of a license it was necessary for them to give appropriate notice of that intention before appearing at court to make it. Police objections had been raised only on the date of the application for grant of the licence. Such behaviour could only give rise to expensive adjournments. Notice should be given both to the clerk to the justices and to the party applying.
Times 11-Jul-2000
Updated: 09 April 2022; Ref: scu.85327
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 licensing hours of an SHC day.
Held: There is no requirement when granting an SHC, that the magistrates need satisfy themselves that the music and dancing would either be continuous throughout the period of the licence or at regular times on each day for which the licences were applied for. The requirement related to the use of the premises by the licensee, not by his customers. ‘ . . . in circumstances in which the justices find that the purpose for which an applicant for an SHC intends persons to resort to the premises is to take advantage of the catering and entertainment facilities to which the sale of liquor is ancillary, music and dancing and substantial refreshment do not have to be provided at the same time throughout the permitted licensing hours of the SHC.’
Times 03-Aug-2000, [2001] 1 AllER 660, [2001] 1 WLR 1196
Applied – 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 . .
Cited – Luminar 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 . .
Cited – Norwich 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.
Updated: 09 April 2022; Ref: scu.84358
Offences of breach of conditions of license run together.
Gazette 16-Jun-1993
Local Government (Miscellaneous Provisions) Act 1982
Updated: 09 April 2022; Ref: scu.83629
Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations.
Times 20-Oct-1999, C-124/97)
Updated: 09 April 2022; Ref: scu.82890
The grant to an individual of a hackney licence in one local authority, does not stop the grant of a similar licence elsewhere. Though the court applied the ABC case, Buxton J rejected an argument that a vehicle was not a private hire vehicle for the purposes of section 46(1)(b) as it was a ‘hackney carriage’ and thus fell outside the definition of ‘private hire vehicle’ in section 80: ‘That amounts to saying that once the vehicle is licensed anywhere as a hackney carriage, that precludes the application, in respect of that vehicle, of any part of Section 46 of this act anywhere else in this country. Thus, if Mr. Wilson had driven his vehicle in other respects not in conformity with Section 46 in Truro or Newcastle Upon Tyne, the fact that it had been licensed in Beverley as a hackney carriage would preclude the application, by any local authority, of section 46(2) . . for my part, I cannot accept that this Act intends it to be the case that in every case where a hackney carriage vehicle exists it follows thereafter that the vehicle so licensed cannot be susceptible to the rules applying to private hire vehicles . . it cannot, in my view, be the case that simply to licence a vehicle as a hackney carriage thereby makes that vehicle a hackney carriage for all time, even if it is functioning as a private hire vehicle. In my judgment, therefore, it is not enough that a hackney carriage licence exists to establish that this vehicle was a hackney carriage as that term is used in the definition of a ‘private hire vehicle’ in section 80 of the 1976 Act.’
Buxton J
Times 25-Jul-1995, CO 1249-95
Local Government (Miscellaneous Provisions) Act 1976
Applied – Britain v ABC Cabs (Camberley) Ltd QBD 1981
A hackney carriage had been booked, in the district where it was licensed, to pick up a fare in another district. The prosecutor said that when and where the fare was picked up the hackney carriage had no relevant private hire licence and no . .
Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008
The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.82795
An ice cream salesman driving around an area was not a roundsman so as to be exempted from the need to obtain a street trader’s licence, however regular his route. Though not defined in the Act, ’roundsman’ meant activities delivering pre-ordered goods within a locality. This interpretation was required in order to give effect to the purpose of the Act.
Times 13-Mar-2001, Gazette 29-Mar-2001
Local Government (Miscellaneous Provisions) Act 1982
Updated: 09 April 2022; Ref: scu.82725
Joint on-licence was not revocable as regards one holder only – discretion to continue.
Ind Summary 30-May-1995
England and Wales
Updated: 08 April 2022; Ref: scu.78727
The company challenged refusal of fit and proper approval for registration as wholesaler of duty paid alcohol.
Held: The appeals were allowed in part. HMRC, having once concluded that the applicant was not fit and proper was not free to approve them pending their appeal. Better was a temporary approval under the 1979 Act.
Burnett LJ said: ‘A claimant seeking an injunction would need compelling evidence that the appeal would be ineffective. It would call for more than a narrative statement from a director of the business speaking of the dire consequences of delay. The statements should be supported by documentary financial evidence and a statement from an independent professional doing more than reformulating his client’s stated opinion. Otherwise, a judge may be cautious about taking prognostications of disaster at face value. It should not be forgotten that a trader who sees ultimate failure in the appeal would have every incentive to talk up the prospects of imminent demise of the business, in an attempt to keep going pending appeal. Equally, material would have to be deployed which provided a proper insight into the prospects of success in an appeal. There is no permission filter for an appeal to the F-tT. The High Court would not intervene in the absence of a detailed explanation of why the decision of HMRC was unreasonable. It must not be overlooked that the F-tT is not exercising its usual appellate jurisdiction in these types of case where it makes its own decision. Finally, there would have to be detailed evidence of the attempts made to secure expedition in the F-tT and the reasons why those attempts failed. Whilst the jurisdiction exists to grant interim relief in this way, its use is likely to be sparing because steps (i) and (ii) identified above should provide practical relief in cases which justify it and the circumstances in which it would be appropriate for injunctive relief to issue will be rare.’
Patten, King, Burnett LJJ
[2017] EWCA Civ 956, [2017] WLR(D) 463, [2018] 1 WLR 1205
Alcoholic Liquor Duties Act 1979 88C, Commissioners of Revenue and Customs Act 2005 9, Finance Act 2015
England and Wales
Applied – CC and C Ltd v Revenue and Customs CA 19-Dec-2014
This appeal arises in the context of the regime which permits wholesale trading in alcoholic drinks and other dutiable goods which are held in, or moved between, excise warehouses without giving rise to an ‘excise duty point’ and thus attracting . .
Cited – Harley Development Inc. And, Trillium Investment Ltd v Commissioner of Inland Revenue Co PC 14-Mar-1996
Hong Kong – ‘Their Lordships consider that, where a statute lays down a comprehensive system of appeals procedure against administrative decisions, it will only be in exceptional circumstances, typically an abuse of power, that the courts will . .
Appeal from – OWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs SC 19-Jun-2019
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered . .
Cited – JJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.588986
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered were: (1) What power does HMRC have to permit a person to carry on trading pending the determination of an appeal to the FTT? (2) If HMRC does not have such a power or refuses to exercise it, what interim relief can the High Court grant? HELD HMRC’s appeal against
Held: HMRC’s appeal succeeded. It was not permissible to use section 88C of the 1979 Act. The wholesaler’s appeal failed. HMRC did have power to make its decision under section 9 of the 2005 Act.
Lady Hale, President, Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Sales
[2019] UKSC 30, UKSC 2017/0157, UKSC 2017/0156
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2018 Jul 12 am Video, SC 2018 Jul 12 pm Video
Finance Act 2015, Alcoholic Liquor Duties Act 1979 88C, Commissioners for Revenue and Customs Act 2005 9, The Wholesaling of Controlled Liquor Regulations 2015
England and Wales
Appeal from – ABC Ltd and Another v HM Revenue and Customs CA 7-Jul-2017
Temporary approval pending appeal was preferred
The company challenged refusal of fit and proper approval for registration as wholesaler of duty paid alcohol.
Held: The appeals were allowed in part. HMRC, having once concluded that the applicant was not fit and proper was not free to . .
Cited – CC and C Ltd v Revenue and Customs CA 19-Dec-2014
This appeal arises in the context of the regime which permits wholesale trading in alcoholic drinks and other dutiable goods which are held in, or moved between, excise warehouses without giving rise to an ‘excise duty point’ and thus attracting . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Wilkinson, Regina (on the Application Of) v Inland Revenue HL 5-May-2005
The claimant said that the widows’ bereavement tax allowance available to a wife surviving her husband should be available to a man also if it was not to be discriminatory.
Held: Similar claims had been taken before the Human Rights Act to the . .
Cited – Harley Development Inc. And, Trillium Investment Ltd v Commissioner of Inland Revenue Co PC 14-Mar-1996
Hong Kong – ‘Their Lordships consider that, where a statute lays down a comprehensive system of appeals procedure against administrative decisions, it will only be in exceptional circumstances, typically an abuse of power, that the courts will . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Cited – Airey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.638488
Approximation of Laws – Transport – Judgment – Reference for a preliminary ruling – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 98/34/EC – Information society services – Rule on information society services – Definition – Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys – Criminal penalties
K. Lenaerts, P
ECLI:EU:C:2018:221, [2018] EUECJ C-320/16
European
Updated: 07 April 2022; Ref: scu.608652
Only one Special Hours Certificate may be in force for one licensed premise at any time.
Times 15-Dec-1997
England and Wales
Updated: 07 April 2022; Ref: scu.88107
Crown court must give reasons for decision on licensing appeal.
Times 05-Apr-1994
England and Wales
Updated: 07 April 2022; Ref: scu.88059
Nicklin J
[2018] EWHC 457 (QB)
England and Wales
Updated: 06 April 2022; Ref: scu.606438
The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of intoxicating liquor is ancillary, the relative priorities as between music and dancing and food does not matter. That is precisely what the first sentence of the report in the Plaos case in the Times says. But it is not authority for the proposition that priority as between music and dancing and food on the one hand and liquor on the other hand does not matter. . . In my judgment, in considering whether to grant a special hours certificate, a comparison of the relevant importance of the sale of liquor to the provision of music and dancing and food does matter. Indeed it is essential to make that comparison, in my judgment, in order to decide whether the sale of liquor will be ancillary. As I pointed out in argument, the root of the English word ‘ancillary’ is the Latin word ‘ancilla’, which means a maidservant. The dictionary meaning of ancillary in the Shorter Oxford Dictionary is subservient or subordinate. In my judgment in its meaning in this Act that is the sense in which the word must be understood.’
Glidewell J
Times 25-May-1985
England and Wales
Cited – Richards v Bloxham (Binks) QBD 1968
The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate.
Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours . .
Cited – Luminar 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 April 2022; Ref: scu.186577
[2018] EWHC 84 (Admin)
England and Wales
Updated: 04 April 2022; Ref: scu.604748
Jay J
[2018] EWHC 228 (Admin)
Human Medicines Regulations 2012
England and Wales
Updated: 04 April 2022; Ref: scu.604764
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 supply of liquor will be ancillary to the provision of music and dancing and substantial refreshment. The licensee’s purpose will not be that there are to be ancillary sales of liquor if, to take a clear case, his purpose is, taking the permitted hours as a whole, that the majority of persons should purchase liquor without using the facilities for music and dancing and substantial refreshment. The intentions of those using the premises may not be directly relevant to the questions arising under section 77, but where there are other similar premises run by the same proprietor (as in the present case), what occurs at those premises may be relevant to any issue as to the purpose for which the instant premises are to be used. The sale of liquor is not ancillary if it is on the whole independent of the provision of music and dancing and substantial refreshment. The Crown Court had erred in law, and the case was remitted to the magistrates for a rehearing.
The Honourable Mr Justice Stanley Burnton
[2003] EWHC 2227 (Admin), Times 14-Oct-2003
England and Wales
Cited – Richards v Bloxham (Binks) QBD 1968
The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate.
Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours . .
Cited – Young v O’Connell QBD 25-May-1985
The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of . .
Cited – Carter v Bradbeer HL 1975
The House considered the definition of a ‘bar’ and the area to which a special hours certificate applied.
Held: The appellant’s conviction for selling intoxicating liquor after prescribed hours was upheld as the sale took place in an area not . .
Cited – Carter v Bradbeer QBD 1975
Sales of alcohol had taken place at a bar within the meaning of section 76(5).
Held: Widgery LCJ said: ‘I think it must be remembered that the consumption of liquor in the special hours period, for want of a better phrase, is liquor which is . .
Cited – Northern 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 . .
Cited – 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 . .
Appeal from – Norwich 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.
Updated: 02 April 2022; Ref: scu.186550
The Court was asked to consider whether each of two ‘houseboats’, both moored in the Hartford Marina on the River Great Ouse in Huntingdon, was properly found by the Crown Court not to a be ‘vessel’ within the definition provided by article 2 of the 2010 Order.
Lindblom LJ, Teare, Holroyde JJ
[2016] EWHC 843 (Admin)
Environment Agency (Inland Waterways) Order 2010
England and Wales
Updated: 02 April 2022; Ref: scu.601148
Approximation of Laws – Public Health : Judgment
ECLI:EU:C:2017:947, [2017] EUECJ C-329/16
European
Updated: 02 April 2022; Ref: scu.601081
Hickinbottom LJ, Gilbart J
[2017] EWHC 2794 (Admin), [2017] WLR(D) 751
Local Government (Miscellaneous Provisions) Act 1976
England and Wales
Updated: 01 April 2022; Ref: scu.599413
Application for judicial review of closure orders as to two massage parlours in Soho.
Choudiry J
[2017] EWHC 2750 (Admin), [2017] WLR(D) 745
Anti-Social Behaviour, Crime and Policing Act 2014
England and Wales
Updated: 30 March 2022; Ref: scu.599417
Application for permission to apply for judicial review of a decision made by the licensing subcommittee as licensing authority of Thurrock Borough Council A time-limited premises licence had been applied for for a two-day music festival on 13 and 14 August 2006 at Aveley in the area of Thurrock Borough Council. A licence had been granted for this event some months before, but the event manager pulled out.
Ousely J
[2016] EWHC 3712 (Admin)
England and Wales
Updated: 30 March 2022; Ref: scu.594614
[2014] ScotSC 108
Scotland
Updated: 29 March 2022; Ref: scu.542868
(Judgment) Reference for a preliminary ruling – Electronic communications – Telecommunications services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Equal treatment – Determination of the number of digital radio frequencies to be granted to each operator already holding analogue radio frequencies – Taking into account analogue radio frequencies used illegally – Correspondence between the number of analogue radio frequencies held and the number of digital radio frequencies obtained
C-112/16, [2017] EUECJ C-112/16, [2017] EUECJ C-112/16_O
European
Updated: 28 March 2022; Ref: scu.591337
Challenge to dog breeding licence
Garnham J
[2017] EWHC 1927 (Admin)
England and Wales
Updated: 28 March 2022; Ref: scu.591228
Judge Keyser QC sitting as a High Court judge
[2017] EWHC 1764 (Admin), [2017] WLR(D) 473
Local Government (Miscellaneous Provisions) Act 1976
England and Wales
Updated: 27 March 2022; Ref: scu.590303
The issue in this claim for judicial review is whether the Secretary of State for International Trade, who since July 2016[1] has had responsibility for licensing the export of arms, is obliged by law to suspend extant export licences to the Kingdom of Saudi Arabia and cease granting new licences, to conform with Government policy to deny such licences where there is ‘a clear risk that the arms might be used in the commission of a serious violation of International Humanitarian Law’.
Burnett LJ, Haddon-Cave J
[2017] EWHC 1754 (Admin)
England and Wales
Updated: 27 March 2022; Ref: scu.590294
The claimant sought judicial review of the grant of a marine licence to one of the respondents
Holgate J
[2017] EWHC 1491 (Admin)
Marine and Coastal Access Act 2009
England and Wales
Updated: 27 March 2022; Ref: scu.588889
[2017] EWHC 458 (Admin)
Environmental Permitting (England and Wales) Regulations 2010
England and Wales
Updated: 27 March 2022; Ref: scu.588829
[2017] EWHC 588 (Admin)
England and Wales
Updated: 27 March 2022; Ref: scu.588817
ECJ (Judgment) Reference for a preliminary ruling – Freedom to provide services – Restrictions – Conditions for the grant of a concession for the organization of online gambling – Practical impossibility of obtaining such authorization for private operators established in another Member State, Other Member States
ECLI:EU:C:2017:491, [2017] EUECJ C-49/16
European
Updated: 27 March 2022; Ref: scu.588305
ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest – Proportionality – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – National legislation laying down the requirement for the court to examine of its own motion the facts of the case before it in the context of the prosecution of administrative offences – Compliance
ECLI:EU:C:2017:452, [2017] EUECJ C-685/15
European
Updated: 27 March 2022; Ref: scu.588293
The claimant sought judicial review of the revocation by the Council of a dog breeding licence, saying that it had been made without jurisdiction.
Edis J
[2016] EWHC 3617 (Admin)
England and Wales
Updated: 27 March 2022; Ref: scu.588222
[2019] EWHC 200 (Admin)
Town Police Clauses Act 1847 45
England and Wales
Updated: 26 March 2022; Ref: scu.633175
Arden, Simon, Hickinbottom LJJ
[2017] EWCA Civ 372, [2017] WLR(D) 347
England and Wales
Updated: 26 March 2022; Ref: scu.584525
Permission to appeal given.
Jacob LJ, Patten LJ
[2009] EWCA Civ 927
England and Wales
At First Instance – Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others Admn 19-Feb-2009
The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other . .
Leave to Appeal – Servier Laboratories Ltd v National Institute for Health and Clinical Excellence and Another CA 31-Mar-2010
The company appealed against refusal of its challenge to the defendant’s decision not to recommend its drug Protelos, saying that another regulatory board, (EMA) had recommended its use. The judge had found the defendant not bound by EMA’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 March 2022; Ref: scu.374420
The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other consultees the economic model and underlying data upon which the conclusions of NICE and the FADs are based. NICE say that they would wish to have disclosed it but were bound by an undertaking of confidence to the owner of the essential data, that NICE failed during their appraisal properly to take into account data submitted by, and relied upon by, Servier (a post hoc analysis of the TROPOS trial) and/or that the non-acceptance by NICE of that data is insufficiently reasoned, and that the final, revised recommendations of NICE unlawfully discriminate against certain categories of disabled patient, contrary to the Disability Discrimination Act 1995.
Holman J
[2009] EWHC 281 (Admin), [2009] LS Law Medical 163, (2009) 108 BMLR 1
England and Wales
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
At First Instance – Servier Laboratories Ltd, Regina (On the Application of) v National Institute for Health and Clinical Excellence and Another CA 28-Jul-2009
Permission to appeal given. . .
Appeal from – Servier Laboratories Ltd v National Institute for Health and Clinical Excellence and Another CA 31-Mar-2010
The company appealed against refusal of its challenge to the defendant’s decision not to recommend its drug Protelos, saying that another regulatory board, (EMA) had recommended its use. The judge had found the defendant not bound by EMA’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 March 2022; Ref: scu.295118
Termination of trade mark licence.
Warren J
[2017] EWHC 746 (Ch)
England and Wales
Updated: 24 March 2022; Ref: scu.581733
Whether two marinas were waterways so that boats moored there required to be licensed.
Lindblom LJ, Singh J
[2017] EWHC 548 (Admin), [2017] WLR(D) 193
Thames Conservancy Act 1932, Environment Agency (Inland Waterways) Order 2010
England and Wales
Updated: 24 March 2022; Ref: scu.581097
ECJ (Judgment) Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Authorisation – Substances of very high concern – Identification – Equivalent level of concern – Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic anhydride and hexahydro-3-methylphthalic anhydride
ECLI:EU:C:2017:208, [2017] EUECJ C-324/15
European
Updated: 23 March 2022; Ref: scu.580708
ECJ (Judgment) Reference for a preliminary ruling – Article 96 TFEU – Applicability – National legislation prohibiting taxi services from offering individual seats – National legislation prohibiting taxi services from predetermining their destination – National legislation prohibiting taxi services from touting for custom)
ECLI:EU:C:2017:211, [2017] EUECJ C-253/16
European
Updated: 23 March 2022; Ref: scu.580705
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 which the licence holder knew that the new cheques would be dishonoured on first presentation.
Held: This amounted to a breach of section 16.
Ackner LJ said: ‘The course of dealing between Marcrest and its customers over a long period and involving numerous cheques demonstrated that it was the intention of the parties that there was to be no legal right to have a cheque honoured when it was presented. The only lawful cheque contemplated by s 16(2) and (3) is one in which there is a common expectation of payment on presentation within two days. What was provided was a ‘sham’; it was no better than, if as good as, a postdated cheque. As the Lord Justice rightly commented, its function was merely to record a loan of money or tokens to that value.’ and ‘The clear purpose of section 16 is to protect the punters against themselves. They are not to be given by the casinos so much rope that they eventually hang themselves, figuratively or otherwise.’
Ackner LJ
[1983] 1 WLR 300, [1983] 1 All ER 1148
England and Wales
Cited – Aspinall’s Club Ltd v Al-Zayat CA 19-Oct-2007
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the . .
Cited – 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 . .
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.
Updated: 23 March 2022; Ref: scu.259933
The company appealed a condition which had been attached to its licence to open the cinema. The condition was that ‘Children under fourteen years of age shall not be allowed to enter into or be in the licensed premises after the hour of 9 p.m. unaccompanied by a parent or guardian. No child under the age of ten years shall be allowed in the licensed premises under any circumstances after 9 p.m.’
Held: (majority) The scope of the local authority to impose conditions was limited under the 1909 Act. The condition imposed was ultra vires. Atkin J (dissenting) The authority’s power was not limited in this way. If the conditions weer reasonable, in respect of the use of the licensed premises and in the public interest, they were lawful. Beyong that there was no fetter upon the power of the licensing authority.
Lush, Rowlatt and Atkin JJ
[1915] 2 KB 49
England and Wales
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.
Updated: 07 February 2022; Ref: scu.224431
ECJ Directive 83/189/EEC – Notification procedure in the field of technical standards and regulations – Obligation to notify draft technical regulations – National legislation on gaming and lotteries – Gaming machines – Prohibition on the organisation of games on gaming machines which do not pay out winnings directly – Machines of the ‘wheel of fortune’ type – Definition of ‘technical regulation’
Timmermans P
C-267/03, [2005] EUECJ C-267/03, [2005] ECR I-3247
European
Updated: 07 February 2022; Ref: scu.224400
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 gamblers in those States is not equivalent to that ensured at national level – Justification – Overriding reasons in the public interest – Proportionality
[2012] EUECJ C-176/11, ECLI:EU:C:2012:454
European
Opiniom – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 February 2022; Ref: scu.578228
[2017] EWHC 165 (Admin)
England and Wales
Updated: 29 January 2022; Ref: scu.573925
(British Columbia) Appeal from refusal of mining claim
[1922] UKPC 24, [1922] 1 AC 462
Canada
Updated: 28 January 2022; Ref: scu.422825
A person or body entering into betting transactions on an Internet betting exchange in the course of his business was not thereby a bookmaker for the purposes of the 1983 Act.
Lord Justice Stanley Burnton
[2012] EWHC 2039 (Admin), [2012] 1 WLR 3504, [2012] WLR(D) 221, [2013] 1 All ER 109
Betting, Gaming and Lotteries Act 1963
England and Wales
Updated: 28 January 2022; Ref: scu.462981
(Order) Preliminary reference – Article 53, paragraph 2, the Rules of Procedure of the Court – Inadmissible – Passenger transport by motor vehicles – private drivers using a Smartphone application to establish relationships with people wishing to conduct urban journeys – Obligation to have a license to operate
C-526/15, [2016] EUECJ C-526/15 – CO
Bailii
European
Licensing
Updated: 25 January 2022; Ref: scu.571257
ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
V Skouris, P
[2010] EUECJ C-316/07, ECLI:EU:C:2010:504, [2011] 1 CMLR 20, [2010] ECR I-8069, [2011] All ER (EC) 644
Bailii
European
Citing:
Opinion – Markus Stoss C-316/07 ECJ 4-Mar-2010
ECJ Opinion – Free Movement of persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 23 January 2022; Ref: scu.569408
ECJ (Judgment) REACH – Fee for registration of a substance – Reduction granted to micro-, small-and medium-sized enterprises – Error in declaration relating to the size of the enterprise – Recommendation 2003/361/EC – Decision imposing an administrative charge – Obligation to state reasons
ECLI:EU:T:2016:475, [2016] EUECJ T-587/14
Bailii
European
Licensing
Updated: 23 January 2022; Ref: scu.569354
ECJ Judgment – EACH – Fee for registration of a substance – Reduction granted to micro-, small and medium-sized enterprises – Error in declaration relating to the size of the enterprise – Recommendation 2003/361/EC – Decision imposing an administrative charge – Determination of the size of the undertaking – Power of the ECHA – Obligation to state reasons
ECLI:EU:T:2016:479, [2016] EUECJ T-620/13
Bailii
European
Licensing
Updated: 23 January 2022; Ref: scu.569368
Refusal of private hire vehicle drivers licence.
Stadlen J
[2009] EWHC 2845 (Admin)
Bailii
England and Wales
Licensing
Updated: 22 January 2022; Ref: scu.377844
ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glucksspiel’) where no licence has been granted by the competent authority – Restriction – Justification – Proportionality – Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented – Effects empirically and definitely determined)
C-464/15, [2016] EUECJ C-464/15
Bailii
European
Licensing
Updated: 18 January 2022; Ref: scu.566443
ECJ Freedom to provide services – Gambling – Offer of gambling via the internet – Promotion of gambling organised in other Member States – Activities reserved to public or non-profit-making bodies – Criminal penalties
J-C Bonichot, P
[2010] EUECJ C-448/08
Bailii
European
Licensing
Updated: 17 January 2022; Ref: scu.565396
(Judgment) Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Games of chance – Taxation – Principle of non-discrimination – Single tax on betting
C-788/18, [2020] EUECJ C-788/18
Bailii
European
European, Licensing, Taxes – Other
Updated: 17 January 2022; Ref: scu.654830
The Claimants challenged the Regulations as unlawful under international law, EU law and domestic common law.
Green J
[2016] EWHC 1169 (Admin)
Bailii
The Standardised Packaging of Tobacco Products Regulations 2015
England and Wales
Licensing, European
Updated: 16 January 2022; Ref: scu.564649
First, in Part 8 proceedings Uber, supported by Free Now, claims a declaration that an operator licensed under the 1998 Act who accepts a booking from a passenger is not required by the Act to enter as principal into a contractual obligation with the passenger to provide the journey in respect of that booking. In other words, Uber and Free Now say that Lord Leggatt’s suggestion in Uber v Aslam is wrong.
Second a challenge to the licensing terms of Free Now drivers.
Lord Justice Males
-And-
Mr Justice Fraser
[2021] EWHC 3290 (Admin)
Bailii
Private Hire Vehicles (London) Act 1998
England and Wales
Road Traffic, Licensing
Updated: 15 January 2022; Ref: scu.670394
Application of the claimant for permission to issue a writ of sequestration against the defendant and for committal of its sole director and shareholder.
Warren J
[2016] EWHC 892 (Ch)
Bailii
England and Wales
Licensing, Intellectual Property
Updated: 14 January 2022; Ref: scu.562463
The Licensing (Scotland) Act 1903 does not interfere with the discretion of the Licensing Authority, and consequently an action to reduce a deliverance of such licensing authority save on the ground of its having exceeded its statutory jurisdiction, or its having refused a hearing allowed by statute, or of actual corruption, is irrelevant.
A licence-holder brought a reduction of the deliverance of the Licensing Authority refusing to renew the licence. He averred that the proceedings had been illegal and oppressive in respect (1) that an objection to the renewal, on the ground that the premises were insanitary and the district congested, had been given effect to, although no evidence had been led in support of the objection, and the applicant had offered to carry out any alteration of the premises which might be suggested; and (2) that the refusal was in pursuance of a preconceived policy of reducing the number of licences as being too numerous. Held [ aff. judgment of First Division (Seven Judges)] that the action was irrelevant.
Lundie v. Falkirk Magistrates, October 31, 1890, 18 R. 60, 28 S.L.R. 72, approved and followed.
The Licensing (Scotland) Act 1903 is divided into Seven Parts. Part I deals with ‘Constitution of Licensing and Appeal Courts.’ Part II deals with ”Powers, Duties, and Procedure of Licensing and Appeal Courts,” and in section 22 gives an appeal from the Licensing to the Licensing Appeal Court. Part VI deals with ”Legal Proceedings,” and in section 103 provides-”No warrant, sentence, order, decree, judgment, or decision made or given by any quarter sessions, sheriff, justice or justices of the peace, or magistrate, in any cause, prosecution, or complaint, or in any other matter under the authority of this Act, shall be subject to reduction, suspension, or appeal, or any other form of review or stay of execution, on any ground or for any reason whatever other than by this Act provided.”
Opinion ( per Lord Chancellor Lore-burn) that while section 103, looking to its terms, could not apply to a decision of a Licensing Court, the same result was reached in that the conferring in section 22 of an appeal to a particular court impliedly excluded all other appeal.
Opinion (per Lord Davey) that section 103 applied only to such decisions as were given under the authority of that Part of the Act.’
Lord Chancellor (Loreburn), Lords Halsbury, James of Hereford, Davey, and Robertson
[1906] UKHL 64, 44 SLR 64
Bailii
Licensing (Scotland) Act 1903
Scotland
Licensing
Updated: 13 January 2022; Ref: scu.625473
Appeal from rejection of appeal against revocation of the appellants premises licence. The respondent said that the notice of appeal had been in the wrong form.
Beatson, Simon LJJ, Sir Robin Jacob
[2016] EWCA Civ 63
Bailii
Licensing Act 2003
England and Wales
Licensing
Updated: 10 January 2022; Ref: scu.559506
Appeal against refusal of licence to deal in firearms.
Hickinbottom J
[2015] EWHC 3216 (Admin)
Bailii
Firearms Act 1968
Police, Licensing
Updated: 08 January 2022; Ref: scu.557125
[1998] EWHC Admin 945
England and Wales
Licensing
Updated: 07 January 2022; Ref: scu.139066
Judicial review of withdrawal of alcohol license – sales to under18s
Thorpe, Moore-Bick, Black LJJ
[2011] EWCA Civ 751, (2011) 175 JP 429
Bailii
England and Wales
Licensing
Updated: 05 January 2022; Ref: scu.441291
Mostyn J
[2014] EWHC 3755 (Admin)
Bailii
England and Wales
Education, Licensing, Immigration
Updated: 03 January 2022; Ref: scu.551758
Revocation of Tier 2 immigration sponsor’s licence – application for leave to appeal
Jackson LJ
[2015] EWCA Civ 663
Bailii
England and Wales
Health Professions, Licensing, Immigration
Updated: 02 January 2022; Ref: scu.550199
Morgan LCJ, Girvan LJ and Coghlin LJ
[2015] NICA 36
Bailii
Northern Ireland
Licensing
Updated: 02 January 2022; Ref: scu.550140
Appeal by way of case stated from Dungannon Magistrates’ Court following the conviction of the appellant/defendant (‘the appellant’) for two offences of allowing a person under the age of 18 to be in licensed premises during the permitted hours.
Morgan LCJ, Gillen LJ and Treacy J
[2015] NICA 49
Bailii
Northern Ireland
Licensing, Crime
Updated: 02 January 2022; Ref: scu.550145
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly.
Held: The procedure followed in settling the levy was unsatisfactory. The claimant would be adversely affected by the structure proposed, but had not been allowed a proper part in the consultation. The decision might have been quashed but for the fact that declaratory relief only had been sought.
Mr Justice Hooper
[2003] EWHC 1943 (Admin)
Bailii
Betting Gaming and Lotteries Act 1963 55
England and Wales
Citing:
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Lists of cited by and citing cases may be incomplete.
Licensing, Taxes – Other
Updated: 01 January 2022; Ref: scu.185048