Claim for judicial review concerned with the circumstances in which a summary review by a licensing authority of a premises licence that authorises the sale of alcohol may be invoked and whether, and (if so) how, that authority must satisfy itself that they exist.
John Howell QC
[2015] EWHC 14 (Admin), [2015] WLR(D) 239
Bailii, WLRD
England and Wales
Licensing
Updated: 30 December 2021; Ref: scu.547556
[2003] EWHC 1305 (Admin)
Bailii
Environment Protection Act 1990
England and Wales
Environment, Crime, Licensing
Updated: 28 December 2021; Ref: scu.185336
ECHR Article 1 para. 2 of Protocol No. 1
Control of the use of property
Statutory removal and non-renewal of tobacco licence without compensation: violation
Facts – Since 1994 the applicant’s family had operated a grocery store where they sold tobacco products subject to excise tax. Following a legislative change in 2012, tobacco retail became a State monopoly and tobacco retailers had to be licensed through a concession tender. As a consequence the applicant lost his tobacco retail licence. He was unable to obtain a new licence under the new rules.
Law – Article 1 of Protocol No. 1: The statutory cancellation and non-renewal of the applicant’s licence to sell tobacco constituted a measure of control of the use of property amounting to an interference with his rights under Article 1 of Protocol No. 1.
The loss of the licence had drastic effects on the applicant’s business as it reduced turnover by a third and the business eventually had to be wound up. The transitional periods between the enactment of the impugned law and the deadline for terminating the tobacco retail were insufficient. Furthermore, it was implicit in Article 1 of Protocol No. 1 that any interference with the peaceful enjoyment of possessions had to be accompanied by procedural guarantees affording those concerned a reasonable opportunity to present their case to the authorities and to effectively challenge the measures. A disproportionate and arbitrary control measure could not satisfy the requirements of protection of possession under Article 1 of Protocol No. 1.
The Court found that an excessive individual burden had been imposed on the applicant. In reaching that conclusion it noted that the applicant’s licence had been extinguished without compensation, the measure had been introduced through constant changes to the law and with remarkable hastiness, the loss of the old licence had been automatic, there had been no public scrutiny of the refusal to grant a new licence and no legal remedy available, and the applicant had had no realistic prospect of remaining in possession because the process of granting of new concessions was arbitrary and gave no precedence to previous licence-holders. Finally, it had not been suggested that the applicant had been in breach of the law.
Conclusion: violation (unanimously).
Article 41: EUR 15,000 in respect of pecuniary and non-pecuniary damage.
65681/13 – Legal Summary, [2015] ECHR 206
Bailii
European Convention on Human Rights
Human Rights, Licensing
Updated: 28 December 2021; Ref: scu.543067
Refusal of renewal of shotgun license
[2003] EWHC 1306 (Admin)
Bailii
England and Wales
Licensing, Police
Updated: 23 December 2021; Ref: scu.185345
A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The company was then prosecuted for trading without a licence. It sought to allege that the local authority had failed to comply with certain procedural provisions and that its application had therefore not yet been determined within the meaning of the Act.
Held: The local authority’s decision was a determination, whether or not it could be challenged by judicial review. In the particular statutory context, therefore, an act which might turn out for a different purpose to be a nullity (e.g. so as to require the local authority to hear the application again) was nevertheless a determination for the purpose of bringing the transitional period to an end. The licensing authority had a discretion, subject to the requirements of procedural fairness, to take account of information which came into its possession even though it was not from a statutory objector or was included in a late objection.
[1988] 1 QB 114, [1987] 2 All ER 1040, [1987] 3 WLR 189
Local Government (Miscellaneous Provisions) Act 1982
England and Wales
Cited by:
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
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 – Belfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 23 December 2021; Ref: scu.187075
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 certificate where there is a music and dancing licence in force, and the bona fide intention is to provide facilities, namely to provide for persons resorting to the premises music and dancing and substantial refreshment to which the sale of intoxicating liquor is ancillary. It does not there appear, in any clear words at any rate, that the certificate is only complied with if in fact people do take substantial refreshment, or dance and take substantial refreshment in connection with which as an ancillary they are supplied with intoxicating liquor. In other words it is dealing entirely with the provision of facilities and not with user. The words ‘bona fide used or intended to be used’ appear, but the purpose thereafter stated is the purpose of providing facilities.’ As to section 81: ‘In other words that is dealing with the user, how in that the facilities which have been provided, have been used, and if it is found that on the whole people go there to consume intoxicating liquor and not either to dance or to have substantial refreshment, then that is a ground upon which the justices in their discretion may revoke the licence. . . Mr. Nowell has argued at considerable length that section 77 is dealing not merely with facilities but with user, and he says that section 77 has not been complied with if, though facilities are provided, drink is provided for somebody who has not partaken of substantial refreshment, or it may be, has not danced. The answer, as it seems to me, is that the section on its natural construction is only dealing with facilities. This becomes perfectly clear when one compares the wording of section 77 with the provisions in sections 68 and 70 for the extension of hours. Section 68, for instance, is dealing with the one hour extension for restaurants, and section 68(2) specifically says that the addition, that is the extended hour, shall be for the purpose of the sale or supply to persons taking meals in the premises and the consumptions of intoxicating liquor which is supplied not only in premises set apart, but for consumption by such persons in that part of the premises as an ancillary to his meal, in other words the hour’s extension depends upon user and not facilities.’
Lord Parker of Waddington CJ
(1968) 66 LGR 739
Licensing Act 1964 77 81
England and Wales
Cited by:
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 – 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 – 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.
Licensing
Updated: 23 December 2021; Ref: scu.186576
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 to be ancillary to dancing, music, refreshment or all of those things. It is an ancillary service, and one has to regard Parliament I think as expecting that the provision of liquor shall be suitable for service as an ancillary and no more. It is I think a matter of common sense and general experience that anybody who is taking advantage of section 77 facilities, who goes for music, dancing and refreshment, with liquor incidental, can perfectly well be served in his requirements without there being a bar counter at all. If he is having dinner or pretty substantial refreshment, what more simple than that his drink be brought to his table with his meal. If he is dancing, what more simple than that his drink be brought to the table at which he sits out when not dancing. If, as may well happen, he is contemplating all those pleasures, again he has, as it were, a base or table to which his drinks can be bought, and the facility of what may be properly called a cocktail bar or a bar counter of the kind which I have described is not a necessary feature of providing the service for which there is a special hours certificate. On the other hand, it must be plain to anyone that the presence of a bar counter with someone serving behind it, and stools and service, is likely to attract into the premises people who come to drink only. . . ‘
Widgery LCJ
[1975] 1 WLR 665
Licensing Act 1964 76(5)
England and Wales
Cited by:
Appeal from – 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 – 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.
Licensing
Updated: 23 December 2021; Ref: scu.186578
The claimants challenged the legality of the 2014 Act, changing from a system of regulation based upon place of supply to one based upon place of consumption.
Green J
[2014] EWHC 3236 (Admin), [2015] 1 CMLR 28
Bailii
Gambling Act 2005, Gambling (Licensing and Advertising) Act 2014
England and Wales
Licensing
Updated: 22 December 2021; Ref: scu.537513
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’
J.N. Cunha Rodrigues, P
[2010] EUECJ C-569/08, [2010] ETMR 48, [2011] Bus LR 726
Bailii
Regulation (EC) No 874/2004
Citing:
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Licensing, Intellectual Property
Updated: 22 December 2021; Ref: scu.537344
Appeal from a decision declining to quash a penalty of pounds 9.62 million imposed on Royal Mail Group Plc by the Postal Services Commission. The penalty was imposed for breaches by Royal Mail of conditions of the licence which required it to use all reasonable endeavours to apply its mail integrity procedures and to establish a process by which such procedures may be amended.
Lord Justice Pill,
Lord Justice Sedley,
And,
Lord Justice Rimer
[2008] EWCA Civ 33
Bailii
Postal Services Act 2000
England and Wales
Licensing
Updated: 22 December 2021; Ref: scu.264103
[2003] EWHC 485 (Admin), [2003] 1 WLR 1411
Bailii
England and Wales
Licensing
Updated: 21 December 2021; Ref: scu.185560
Renewed application for judicial review.
[2008] EWCA Civ 587
Bailii
Waste Management Licensing Regulations 1994
England and Wales
Environment, Licensing
Updated: 20 December 2021; Ref: scu.270519
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, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile phone users. They were being asked to subsidise such users. There was some social purpose in encouraging mobile phone use, but the policy of limiting such termination fees was not unreasonable. The power to control such charges arose when an operator came to enjoy a position equivalent to dominance, and even on those not so designated. The Commission’s and the Director’s interpretation of Section 3(1)(a) was not unlawful; a broad interpretation, including concepts of equity and fairness was legitimate.
The Honourable Mr Justice Moses
[2003] EWHC 1555 (Admin)
Bailii
Directive 2002/19, Directive 2002/20, Directive 2002/21, Telecommunications Act 1984 3
England and Wales
Citing:
Cited – Telefonica de Espana ECJ 13-Dec-2001
Telefonica challenged Spanish legislation requiring it to offer interconnection at local and higher-level switching centres. It contended that that should only be a matter of agreement between operators. It was recorded that Telefonica had been . .
Cited – Inter-Environnement Wallonie v Region Wallonne ECJ 18-Dec-1997
ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired.
The . .
Cited – Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others QBD 7-Dec-1998
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. . .
Cited – Regina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
Lists of cited by and citing cases may be incomplete.
Media, Licensing
Updated: 20 December 2021; Ref: scu.184034
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and not on the operator to demonstrate the contrary. This was clear from the Directive implemented by the Act. Even so that burden had in fact been discharged, and the decision stood, save as to the disqualification of the directors.
Tuckey, Rix LJJ, Wilson J
Times 13-Oct-2005, [2005] EWCA Civ 1124
Bailii
Goods Vehicles (Licensing of Operators) Act 1995
England and Wales
Citing:
Cited – In the matter of Anglorom Trans (UK) Limited; Paramount Kitchens Ltd CA 30-Jul-2004
Laddie J, after citing the Bryan Haulage case, explained the need to consider separately the positions of operator and transport manager: ‘If a company breaches the rules set down by the Act, for example if it or its directors are convicted of a . .
Cited – Crompton T/A David Crompton Haulage v Department of Transport North Western Area CA 31-Jan-2003
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a . .
Cited – Bryan Haulage Limited v Vehicle Inspectorate (No 1) 2002
(Transport Tribunal) The tribunal set out the correct approach to findings involving revocation of an operator’s licence (or disqualification): ‘However, in order to take action under s. 26 or to make a finding of loss of good repute under s. 27 or . .
Cited – A M Richardson t/a D J Travel Consultants v Department of the Environment, Transport and the Regions 11-May-2001
(Transport Tribunal) The burden of proof for the purpose of a section 27 revocation issue is on the licence holder to prove its continuing good repute. . .
Cited – Bryan Haulage Ltd v Vehicle Inspectorate (No2) [Appeal 217/2002] 1-Apr-2003
(date?) (Transport Tribunal) ‘In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it has been common for findings to have been made . .
Cited – Gudmundsson v Iceland ECHR 1996
A revocation of a licence is not a deprivation of property, but rather a control of its use within the second paragraph of article 1 under a proportionate and Convention compliant scheme . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Licensing, Human Rights
Updated: 18 December 2021; Ref: scu.230032
(Transport Tribunal) The tribunal set out the correct approach to findings involving revocation of an operator’s licence (or disqualification): ‘However, in order to take action under s. 26 or to make a finding of loss of good repute under s. 27 or make an order of disqualification of directors under s. 28 of the Act, the Traffic Commissioner was obliged to make an assessment of the nature, number and gravity of the breaches of regulations revealed by Mr Prime’s investigations and whether there was any evidence of instruction, encouragement or acquiescence on the part of the Appellant . . It is a further requirement that the Traffic Commissioner consider the weight, if any, to be attached to the Appellant’s general record, performance, reputation and enforcement history.’
[TT 1 of 2002]
England and Wales
Cited by:
Approved – In the matter of Anglorom Trans (UK) Limited; Paramount Kitchens Ltd CA 30-Jul-2004
Laddie J, after citing the Bryan Haulage case, explained the need to consider separately the positions of operator and transport manager: ‘If a company breaches the rules set down by the Act, for example if it or its directors are convicted of a . .
Cited – Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Licensing
Updated: 18 December 2021; Ref: scu.231173
(Transport Tribunal) The burden of proof for the purpose of a section 27 revocation issue is on the licence holder to prove its continuing good repute.
Unreported, 11 May 2001, Appeal 65/2000
England and Wales
Cited by:
Cited – Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Licensing
Updated: 18 December 2021; Ref: scu.231175
(date?) (Transport Tribunal) ‘In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it has been common for findings to have been made along the lines of ‘I find your conduct to be so serious that I have had to conclude that you have lost your repute: accordingly, I have also to revoke your licence because the statute gives me no discretion.’ The effect of the Court of Appeal’s judgment is that this two-stage approach is incorrect and that the sanction has to be considered at the earlier stage. Thus the question is not whether the conduct is so serious as to amount to a loss of repute but whether it is so serious as to require revocation. Put simply, the question becomes ‘is the conduct such that the operator ought to be put out of business?’ On appeal, the Tribunal must consider not only the details of cases but the overall result.’
[Appeal 217/2002]
England and Wales
Citing:
Cited – Crompton T/A David Crompton Haulage v Department of Transport North Western Area CA 31-Jan-2003
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a . .
Cited by:
Cited – Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Licensing
Updated: 18 December 2021; Ref: scu.231174
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a possession within art 1 of the Convention. The Act did not define what was considered to be ‘of good repute’. It was necessary to keep in proportion the loss of the licence, and the seriousness of the lost element of reputation. The tribunal had failed to keep that balance and the tribunal’s order was revoked.
Lord Justice Kennedy, Lord Justice Mantell, Lord Justice Mance
Times 07-Feb-2003, [2003] EWCA Civ 64, Times 07-Feb-2003, [2003] RTR 517
Bailii
Goods Vehicles (Licensing of Operators) Act 1995 27(1), European Convention on Human Rights
England and Wales
Cited by:
Cited – Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
Cited – Bryan Haulage Ltd v Vehicle Inspectorate (No2) [Appeal 217/2002] 1-Apr-2003
(date?) (Transport Tribunal) ‘In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it has been common for findings to have been made . .
Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Lists of cited by and citing cases may be incomplete.
Licensing, Transport, Human Rights
Updated: 18 December 2021; Ref: scu.178885
Challenge to license given to take and disturb certain birds.
Lord Justice Phillips
[2021] EWCA Civ 1637
Bailii, Judiciary
Wildlife and Countryside Act 1981
England and Wales
Animals, Licensing
Updated: 17 December 2021; Ref: scu.669733
Appeal by case stated brought by a London taxi driver, Mr Pinnington, following the rejection of his appeal against the refusal by TFL to issue him a taxi driver’s licence by justices at the City of London Magistrates’ Court. The question for the opinion of the High Court is ‘were we entitled to find, for the reasons given, that Mr Pinnington was not a fit and proper person to hold a taxi licence?’
Held: They were not. Appeal allowed.
Andrews DBE J
[2013] EWHC 3656 (Admin)
Bailii
England and Wales
Licensing
Updated: 16 December 2021; Ref: scu.567648
Appeal by way of case stated against a decision by justices staying on the grounds of abuse of process a prosecution brought by the present appellant, the East Riding Yorkshire Council, against the respondent,
Lord Justice Richards,
Mr Justice Cranston
[2012] EWHC 278 (Admin)
Bailii
England and Wales
Crime, Licensing
Updated: 16 December 2021; Ref: scu.464543
This application concerns the meaning, effect and possible variation of an interim order made by His Honour Judge Jarman QC in Cardiff on 9th March 2012. The case itself raises the issue whether the Defendant can charge taxi drivers an annual permit fee of pounds 375 to use the taxi stands at, or ply for hire from, Bristol Temple Meads Railway Station
His Honour Judge Mccahill QC,
Sitting as a Judge of the High Court
[2012] EWHC B35 (Ch)
Bailii
England and Wales
Licensing
Updated: 13 December 2021; Ref: scu.512279
The court was asked whether club membership as a precondition to admission to a strip show would preclude its being held a public entertainment.
Held: It would not: ‘there being no evidence whatsoever of any selective process and indeed a rule which enables [election of] members without knowing anything about them . . no sufficient segregation has occurred which would prevent the members from continuing to be members of the public.”
Lord Parker CJ
[1962] 1 WLR 610, [1962] 1 All ER 769
England and Wales
Cited by:
Cited – Director of Public Prosecutins v Vivier QBD 1991
There had been a traffic accident in a large privately owned caravan park.
Held: Premises will be private where they are entered for reasons beneficial to the occupier. Referring to Harrison v Hill: ‘What Lord Sands, and indeed Lord Clyde, say . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 10 December 2021; Ref: scu.231478
The claimant challenged refusal by the respondent of renewal of its licence for a lap-dancing club.
Stuart-Smith J
[2014] EWHC 1187 (Admin), [2015] PTSR 91
Bailii
Local Government (Miscellaneous Provisions) Act 1982
England and Wales
Licensing
Updated: 03 December 2021; Ref: scu.525066
Peter Marquand
[2021] EWHC 2933 (Admin)
Bailii
England and Wales
Licensing
Updated: 03 December 2021; Ref: scu.669255
Licensing of lap dancing clubs.
Stuart-Smith J
[2014] EWHC 878 (Admin)
Bailii
Licensing
Updated: 02 December 2021; Ref: scu.523300
The appellants on behalf of themselves and other members of the Bristol branch of the National Taxi Association, claimed that the introduction by the respondent First Greater Western Limited of a taxi permit scheme at the public taxi rank at Bristol Temple Meads station was unlawful. They now appealed against rejection of their claim.
Areden, Underhill, Floyd LJJ
[2014] EWCA Civ 301
Bailii
England and Wales
Licensing, Road Traffic
Updated: 01 December 2021; Ref: scu.522551
In proceedings for judicial review the appellant challenged the ‘Approval of a Class of Places’ within the Abortion Act 1967 as amended made by the Secretary of State on 30 March 2020. This approves the ‘home of a pregnant woman’ as being a place which is authorised for the purpose of section 1 of the 1967 Act where the treatment for early medical abortion may be carried out. The Approval was made under sections 1(3) and (3A) of the 1967 Act. It is time limited until either the date when the temporary provisions of the Coronavirus Act 2020 expire or two years, whichever is the earlier.
Lady Justice Nicola Davies
[2020] EWCA Civ 1239
Bailii
Abortion Act 1967, Coronavirus Act 2020
England and Wales
Health Professions, Licensing, Health
Updated: 30 November 2021; Ref: scu.654037
Mr Justice Wyn Williams
[2009] EWHC 1462 (Admin)
Bailii
England and Wales
Licensing
Updated: 30 November 2021; Ref: scu.347287
The appellant challenged challenged the imposition of certain conditions on its licence under the 2003 Act. The Office had acted to seek to prevent acts prejudicial to consumers.
Held: The appeal succeeded. The Office of Communications had jurisdiction under the section to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.
Arden, Aikens, Vos LJJ
[2014] EWCA Civ 133, [2014] WLR(D) 79
Bailii, WLRD
Communications Act 2003 316
England and Wales
Licensing, Consumer
Updated: 29 November 2021; Ref: scu.521297
Appeal against refusal of renewal of licence for lap dancing club.
Held: It could not be said that the reasons given were inadequate. The appeal failed.
Lord Dyson MR, Longmore, Lloyd Jones LJJ
[2014] EWCA Civ 94, [2014] 1 WLR 1811, [2014] WLR(D) 62
Bailii, WLRD
Local Government (Miscellaneous Provisions) Act 1982
England and Wales
Citing:
Appeal from – Thompson, Regina (on The Application of) v Oxford City Council Admn 28-Jun-2013
This case raises issues regarding the licensing of lap-dancing clubs. . .
Lists of cited by and citing cases may be incomplete.
Licensing, Local Government
Updated: 29 November 2021; Ref: scu.521161
The Honourable Mrs Justice Whipple Dbe
[2021] EWHC 3182 (Admin)
Bailii
Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021
England and Wales
Health, Licensing
Updated: 28 November 2021; Ref: scu.670093
[2003] EWHC 184 (Admin)
Bailii
Local Government (Miscellaneous Provisions Act) 1982
England and Wales
Crime, Licensing
Updated: 20 November 2021; Ref: scu.184932
[2001] EWHC Admin 1011
Bailii
England and Wales
Licensing
Updated: 19 November 2021; Ref: scu.167281
This case raises issues regarding the licensing of lap-dancing clubs.
Haddon-Cave J
[2013] EWHC 1819 (Admin)
Bailii
England and Wales
Cited by:
Appeal from – Thompson, Regina (on the Application of) v Oxford City Council CA 11-Feb-2014
Appeal against refusal of renewal of licence for lap dancing club.
Held: It could not be said that the reasons given were inadequate. The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 15 November 2021; Ref: scu.512115
[1865] EngR 211, (1865) 6 B and S 303, (1865) 122 ER 1208/
Commonlii
Licensing
Updated: 12 November 2021; Ref: scu.281123
The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had been effectively passed creating the ‘controlled district’ as required. The defendant had produced records from the parish council to the effect that they had not been served with the necessary notices. The Council argued that the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
Held: ‘The District Judge was entitled, upon analysis of the minutes of the Parish Council which he had received, to infer that their record-keeping minuting, including minuting of correspondence was sufficiently detailed and thorough that the receipt of a notice would have been minuted.’ However, the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
The District judge, having made his rulings, had not considered adequately whether the compliance was effective and substantial. The case was remitted accordingly.
Treacy LJ, Ouseley J
[2013] EWHC 3765 (Admin), [2013] WLR(D) 482
Bailii
Local Government Miscellaneous Provisions Act 1976 46, Town Police Clauses Act 1847
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 – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
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.
Licensing, Local Government, Road Traffic
Updated: 11 November 2021; Ref: scu.519011
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
L. Bay Larsen, P
[2016] WLR(D) 608, [2016] EUECJ C-316/15, ECLI:EU:C:2016:879
Bailii, WLRD
Directive 2006/123/EC
European
Citing:
Reference – 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 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 . .
Cited by:
At ECJ – 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 . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 11 November 2021; Ref: scu.571774
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required licensing.
Held: The system was not unlawful. The fare was calculated by a system external to the smarthone, and therefore the phone was not itself a meter: ‘A device for recording time and distance is not a device for calculating a fare based on time and distance, let alone one based on more than that, including the fare structure itself, a necessary component to the calculation. The language of the statute is quite clear. The essence of a taximeter for the purpose of section 11 is that the device must be for the calculation of the fare then to be charged, based on whatever inputs are appropriate. Such a device is not simply recording and transmitting some or all of the inputs to a calculation made elsewhere, or receiving the output, that is the calculated fare. The Smartphone is not a ‘thing designed or adapted for a particular functional purpose’ namely calculating fares for the PHV; see the Shorter OED. It is not a taximeter. The Smartphone with its Driver’s App may be essential to enabling the calculation to take place but that does not make it a device for calculating fares. Nor does that warrant treating the Smartphone as part of a single device with Server 2; it simply is not.’
Ouseley J
[2015] EWHC 2918 (Admin)
Bailii
Private Hire Vehicles (London) Act 1998 11
Citing:
Cited – Director of Public Prosecutions v Ottewell HL 1968
The antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty which is disproportionate to the . .
Cited – The Presidential Insurance Company Ltd v Resha St Hill PC 16-Aug-2012
(Trinidad and Tobago) The Board considered that when interpreting a statute certain requirements had to be met before external materials could be used. The scope for enquiry into extraneous records, following Pepper v Hart [1993] AC 593, is broadly . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
Cited – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – Haynes, Regina (on the application of) v Stafford Borough Council Admn 14-Jun-2006
Walker J set out the principles applicable (in this case) before making a declaration as to the criminal law. . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Licensing
Updated: 11 November 2021; Ref: scu.553501
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 licensing system was to ensure safety. Where taxi fleets operated substantially outside their licensing authority, the supervision necessary to ensure safety was weakened. The defendant had argued that the Acts did not give them power to refuse licences in this way, but that argument arose from a misunderstanding. The nature of the licensing system was local in character, with public safety in mind, and the local authority should therefore take into account the location where the taxi was to operate, and on this basis there was no need for the discretion which the respondent said it needed, but in any event it did have that discretion. In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle.
Christopher Symons QC J
[2008] EWHC 2369 (Admin)
Bailii
Transport Act 1985, Government (Miscellaneous Provisions) Act 1976 46(1)(e), Town Police Clauses Act 1847 37
England and Wales
Citing:
Cited – Brentwood Borough Council v Gladen Admn 28-Oct-2004
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire . .
Cited – 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 – Kingston Upon Hull City Council v Wilson QBD 29-Jun-1995
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 . .
Cited – Hawkins v Edwards 1901
. .
Cited – Yates v Gates 1970
. .
Cited – Benson v Boyce Admn 20-Jan-1997
‘Looking at the other subsections of section 46, the first applies to a proprietor of a vehicle who uses or permits it to be used in a controlled district as a private hire vehicle without having a licence for it as such under section 48. The phrase . .
Lists of cited by and citing cases may be incomplete.
Licensing, Transport, Local Government
Updated: 11 November 2021; Ref: scu.277550
A Gaming Club, Crockfords, sought the restoration of its gaming licence. It had historically found ways of circumventing the earlier Gaming Acts restrictions. The 1968 Act created the Gaming Board to assess their probity. They challenged the refusal saying that the hearing had not observed the rules of natural justice.
Lord Denning MR said: ‘Seeing the evils that have led to this legislation, the Board can and should investigate the credentials of those who make application to them. They can and should receive information from the police in this country or abroad, who know something of them. They can, and should, receive information from any other reliable source. Much of it will be confidential. But that does not mean that the applicants are not to be given a chance of answering it. They must be given the chance, subject to this qualification? I do not think they need tell the applicant the source of their information, if that would put their informant in peril: or otherwise be contrary to the public interest. Even in a criminal trial, a witness cannot be asked who is his informer. ‘
Lord Denning MR, Wilberforce L, Phillimore LJ
[1970] EWCA Civ 7, [1970] 2 QB 417, [1970] 2 All ER 528, [1970] 2 WLR 1009
Bailii
Gaming Act 1960, Gaming Act 1963, Gaming Act 1968
England and Wales
Licensing, Natural Justice
Leading Case
Updated: 10 November 2021; Ref: scu.262770
(Mauritius) The board heard a challenge to a new law limiting the number of firearms which a person could lawfully hold in Mauritius.
[2016] UKPC 13
Bailii
Commonwealth
Licensing
Updated: 10 November 2021; Ref: scu.564476
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 responsibly in the giving of credit. The claimant denied that its cheque cashing facility afforded to high value players amounted to the giving of credit.
Held: The Act expressly permits the giving of a cheque by the player not post-dated and for full value, though if it were found on the facts that the player signs and the casino accepts a cheque as a charade or pretence, (for example if both know that the player could not ever pay upon presentation of the cheque), the proper finding of fact, as much as in law, would be that credit was being extended or accommodation made. The 2005 Act was a liberalising Act.
The court approved counsel’s analysis of the nature of a gambling chip: ‘chips are a convenient mechanism for facilitating gambling with money. If money is deposited, and the same would apply to a cheque, it is a gratuitous deposit with liberty to the casino to draw upon when and if a debt arises. In turn, the debt does not arise until the end of the session when it is ascertained who is the winner and who is the loser as between casino and player, whereupon a debt arises from the loser to the winner. ‘ There had been no unlawful giving of credit.
The court considered what would be the effect of a finding that the arrangement had been the giving of credit.
Seys Llewellyn QC HHJ
[2014] EWHC 2847 (QB)
Bailii
Gaming Act 2005 16(2) 81
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 – 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 – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – Crockfords Club Ltd v Mehta CA 8-Jan-1992
The Defendant had gambled at the plaintiff’s casino, using cheques drawn on a company to obtain chips, all of which he lost. The cheques not having been honoured, Crockfords sued the Defendant for repayment of the loan made to him on the issue of . .
Cited – Parkingeye Ltd v Somerfield Stores Ltd CA 17-Oct-2012
The claimant company operated parking management for the defendant, charging customers for overparking. The defendant came to believe that the claimant’s behaviour was over-aggressive, and the use of falsehoods, and terminated the contract. The . .
Approved – Calvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
Lists of cited by and citing cases may be incomplete.
Licensing, Contract, News
Updated: 09 November 2021; Ref: scu.536031
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined jurisdiction. The question now was whether judicial review rovided a satisfactory means of appeal.
Held: The proposal was subject to judicial review, and that remedy was sufficient to satisfy European law. ‘It is not the function of a statutory tribunal to impugn statutory instruments or regulations made pursuant to statutory powers. Challenges to these are classically matters for JR and that is so in the case of the Award.’ The European case law was neutral on this topic.
Tuckey LJ, Jacob LJ, Sir William Aldous
[2008] EWCA Civ 1373, Times 18-Dec-2008
Bailii
Supreme Court Act 1981 31, Directive 2002/21/EC (Framework Directive)
England and Wales
Citing:
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 13-Mar-2007
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness . .
Cited – Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 30-Nov-2006
CJEU Effective judicial protection of Community law rights – National rules not providing for self-standing application for annulment of national legislation conflicting with Community law – Right to interim . .
Cited – Mobistar SA v Institut belge des services postaux et des telecommunications (IBPT) (Approximation Of Laws) ECJ 13-Jul-2006
ECJ Telecommunications – Mobile telephony – Number portability – Per-line or per-number set-up costs for the provision of number portability – Article 30 of Directive 2002/22/EC (Universal Service Directive) – . .
Cited – JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock CA 11-Jul-2006
JB challenged his detention under the 1983 Act.
Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. . .
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 – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .
Cited – Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another HL 4-Mar-1994
The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory.
Cited – Connect Austria Gesellschaft fur Telekommunikation GmbH v Telekom-Control-Kommission, intervener: Mobilkom Austria AG, ECJ 22-May-2003
Europa Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and . .
Cited – Barber v Staffordshire County Council CA 29-Jan-1996
A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. . .
Cited – Manson v Ministry of Defence CA 4-Nov-2005
. .
Cited – Impact v Minister for Agriculture and Food ECJ 15-Apr-2008
ECJ Grand Chamber – Fixed-term employment – Directive 1999/70/EC – Framework agreement on fixed-term work – Abuse through use of successive fixed – term employment contracts – Civil and public servants – . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Licensing, Commercial, European
Updated: 09 November 2021; Ref: scu.278674
Once lubricating oil had been processed into fuel oil suitable for burning, it ceased to be waste so as to require it to be handled and stored as waste.
Held: Carnwath LJ discussed the meaning of the term ‘discards or intends . . to discard’. The use of the subjective test, while useful when examining the product in the hands of the ‘producer’ of waste, may not be apt to define the status of the material in the hands of a subsequent holder of the material for recycling or re-processing. Carnwath LJ expressed the ‘general concept’ of the discard of waste as getting rid of something which is unsuitable, unwanted or surplus to requirements.
Carnwath LJ summarised the European case law: ‘Understandably, the court has held that a material does not cease to be waste merely because it has come into the hands of someone who intends to put it to a new use. But that should not be because it still meets the Art.1(a) definition in his hands; but rather because, in accordance with the aims of the Directive, material which was originally waste needs to continue to be so treated until acceptable recovery or disposal has been achieved. Unfortunately the court has consistently declined invitations to develop workable criteria to determine that question. Instead, it continues to insist that the ”discarding” test remains applicable, even where the ”holder” is an end-user such as Epon, whose only subjective intention is to use, not to get rid of, the materials in issue . . In other words, although the Court continues to pay lip-service to the ”discarding” test, in practice it subordinates the subjective question implicit in that definition, to a series of objective indicators derived from the policy of the Directive. What is required from the national court is a value judgment on the facts of the particular case in the light of those indicators.’
Carnwath LJ, (Lord Clarke MR, Maurice Kay LJ
[2008] Env LR 8, [2007] EWCA Civ 611, Times 06-Jul-2007
Bailii
England and Wales
Cited by:
Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Cited – Environment Agency v Thorn International UK Ltd Admn 2-Jul-2008
The Agency appealed by case stated against the Magistrates’ decision to acquit Thorn of keeping controlled waste contrary to section 33 of the 1990 Act. For that section ‘waste’ had the same meaning as that provided in Art 1(1)(a) of the WFD. The . .
Lists of cited by and citing cases may be incomplete.
Environment, Licensing
Updated: 02 November 2021; Ref: scu.253746
The claimant taxi driver challenged the introduction by the defendant council of a rule that no taxi cab would be licensed if more than twelve years old or more than three years and three months if converted.
Held: The decision had failed to take account of the representations made as to the effectiveness on existing checks on roadworthiness, and the councillor driving the policy forward had a personal interest through his brother and, following flawed advice, had failed to declare that interest. A fair minded and informed observer might reasonably have concluded that the decision was biassed.
Beatson J
Times 05-Jan-2010
England and Wales
Licensing, Local Government
Updated: 02 November 2021; Ref: scu.392883
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence required, and in particular failed to advise the applicants directly.
Held: The local authority had blindly applied the results of a computer database system to guide its consultation. The results appeared bizarre, but that need not make them unlawful. The decision was quashed. The first dispute was as to whether the Council had a discretion to take account of late submissions. The Act contains a clear statutory procedure, with clear time limits for the making of an application, objections to it and for the resolution of such objections. It provides in clear terms that, subject to such representations, the grant of the application is to follow. Given this clear machinery, in exercising its functions under this Act, the Council is entitled to deal with representations made to it as licensing authority strictly as such. Subject to such representations the applicant is entitled to the grant of his application. It would be contrary to that entitlement for the machinery to be undermined by letting in late applications through a backdoor not provided for by the Act itself.
However the process was more than one of being merely courteous to neighbours: ‘the notification decided upon by the Council here was not a legal requirement, but once embarked upon it had to be carried out properly. This is all the more so in a case where the practice is clearly adopted in the light of statutory guidance to which the Council as licensing authority has to have regard. This is not to say that the notification exercise will fail because some residents have been missed, but it will fail if it obviously will not catch whole residential buildings as substantial as the one in issue here.’
As a consultation it failed to meet the standards required: ‘ The Council allowed its computer programme to dictate the notification process, even when a brief glance at the plan produced by that programme must have shown clearly that the stated wish of notifying those living in the immediate vicinity would not be achieved.’
McCombe J
[2010] EWHC 393 (Admin), [2010] 20 EG 146, [2010] PTSR (CS) 21, [2010] 2 EGLR 65, [2010] ACD 63, [2010] NPC 25
Bailii
Licensing Act 2003
England and Wales
Citing:
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 – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Greenpeace Ltd, Regina (on the Application of) v Secretary of State for Trade and Industry Admn 15-Feb-2007
The claimant sought to challenge the defendant’s report on the future use of nuclear power, saying that the consultation process had been flawed.
Held: Procedural unfairness may not be so serious as to undermine the decision itself. Sullivan J . .
Cited – Regina (Niazi) v Secretary of State for the Home Department CA 9-Jul-2008
The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates.
Held: The simple . .
Cited – Belfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
Lists of cited by and citing cases may be incomplete.
Licensing, Administrative
Updated: 01 November 2021; Ref: scu.401978
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights
C-390/12, [2013] EUECJ C-390/12
Bailii
European
Cited by:
Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner ECJ 30-Apr-2014
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 02 November 2021; Ref: scu.517796
The court was asked whether the defendant, Airport Co-ordination Limited, is under a duty to allocate slots at certain United Kingdom airports for the summer 2018 season to the insolvent Monarch Airlines Limited.
Gross LJ, Lewis J
[2017] EWHC 2896 (Admin)
Bailii
England and Wales
Cited by:
Appeal from – Monarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd CA 22-Nov-2017
. .
Lists of cited by and citing cases may be incomplete.
Transport, Licensing
Updated: 01 November 2021; Ref: scu.599415
The claimant, an international door to door courier, challenged service on it of an information request under the 2011 Act, saying that it was not a postal operator subject to the Act.
Held: The challenge failed. OFCOM’s policy was properly reached and applied, and since the policy itself had not been challenged the principle of regularity applied to validate the notice.
Soole J
[2016] EWHC 938 (Admin), [2016] WLR(D) 232
Bailii, Jiudiciary, WLRD
Postal Services Act 2011
England and Wales
Utilities, Licensing
Updated: 01 November 2021; Ref: scu.563178
The prosecutor appealed after dismissal of the allegation that the respondent licensee landlord had aided and abetted the manager’s serving of drink outside licensing hours. The defendant had not known of the offence or been present when the glasses had not been collected.
Held: The prosecutor’s appeal failed. A person who aids or abets the principal offence, sometimes referred to as an accessory at the fact (and in felony cases as the principal in the second degree), is one who is present and, by way of actus reus, renders assistance or encouragement to the principal in the commission of the offence. A person who counsels or procures an offence (referred to also as an accessory before the fact) is not present but provides assistance or encouragement prior to the commission of the offence.
Where the prosecution are unsure of the precise role played by the accused it is permissible to allege aiding, abetting, counselling or procuring in the alternative in one count.
Lord Goddard CJ in delivering the judgment of the Court said:[22]
‘That all these words may be used together to charge a person who is alleged to have participated in an offence otherwise than as a principal in the first degree was established by In Re Smith 3 H and N 227.’
Lord Goddard CJ
115 JP 142, [1951] 1 KB 814, [1951] 1 All ER 412
England and Wales
Crime, Licensing
Leading Case
Updated: 01 November 2021; Ref: scu.655555
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. The right to vend pornography is not the most important right of free expression in a democratic society and the licensing system does not prohibit anyone from exercising it. It only prevents him from using unlicensed premises for that purpose.’ The council was entitled to take into account late objections when deciding on the licence, but a court is likely to treat with greater respect a justification for a policy which was carefully thought through by reference to the relevant principles at the time when it was adopted.
Lord Neuberger of Abbotsbury said: ‘If an objection which revealed to a council for the first time certain highly relevant information was received one day late, it would be a little short of absurd if it could not be taken into account. It might reveal, for instance, that a family with a large number of small children had moved into the flat above the subject property, or that the applicant had a string of relevant convictions. In such cases, it would be contrary to the purpose of the 1985 Order, and to the public interest generally, if the council was obliged to ignore the information. Furthermore, it would be the duty of council officers to open and read any letter received; such an officer would be placed in an impossible situation if she or he had read a late letter of objection, with new and important information, but was effectively precluded from communicating this information to Council members.’
Baroness Hale explained that: ‘The role of the court in human rights adjudication is quite different from the role of the court in an ordinary judicial review of administrative action. In human rights adjudication, the court is concerned with whether the human rights of the claimant have in fact been infringed, not with whether the administrative decision-maker properly took them into account.’
Lord Hoffmann, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury
[2007] 1 WLR 1420, [2007] UKHL 19, Times 01-May-2007, [2007] 3 All ER 1007
Bailii
Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 No 1208 (NI 15), European Convention on Human Rights 10
Northern Ireland
Citing:
Cited – Quietlynn Ltd v Plymouth City Council QBD 1987
A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The . .
At first instance – Misbehavin’ Ltd, Re Application for Judicial Review QBNI 24-Sep-2004
. .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Appeal from – Misbehavin’ Ltd, Re an Application for Judicial Review CANI 15-Sep-2005
Appeal from a decision dismissing the appellant’s application for judicial review of Belfast City Council’s refusal to grant the appellant’s application for a sex establishment licence in respect of premises at Gresham Street, Belfast. . .
Cited – UK Waste Management Ltd, Re Application for Judicial Review CANI 25-Jan-2002
. .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited by:
Cited – Ofulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
Cited – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Cited – Secretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
Cited – Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Cited – Brewster, Re Application for Judicial Review (Northern Ireland) SC 8-Feb-2017
Survivor of unmarried partner entitled to pension
The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.
Media, Human Rights, Licensing
Updated: 31 October 2021; Ref: scu.251483
Appeal brought by Uber London Limited against the decision of Transport for London not to renew its London Private Hire Vehicle operator’s licence.
Tanweer Ikram, Deputy Senior District Judge
[2020] EW Misc 20 (MagC)
Bailii
Private Hire Vehicles (London) Act 1998
England and Wales
Licensing
Updated: 31 October 2021; Ref: scu.655655
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 also said that the council had failed, as it was required to do, to set the fee each year. The Council now appealed against a finding against it.
Held: The LA’s appeal succeeded, except as to the basis on which restitution was to be made. The council was not entitled to levy the (considerably larger) parts of the actual charges which related to the costs of enforcing the scheme against non-licence holders.
Lord Dyson MR, Black, Beatson LJJ
[2013] EWCA Civ 591, [2013] WLR(D) 203, [2013] PTSR 1377, [2013] PTSR 1377
Bailii, WLRD
Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market
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 . .
Appeal from – 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 . .
Cited by:
Appeal from – 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 CA – 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 . .
At CA – 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.
Licensing, Costs
Updated: 31 October 2021; Ref: scu.510074
The appellant challenged an order to pay costs summarily assessed at andpound;20,000.
Held: The order was not a penalty and was within the discretion of the district judge. The appeal failed.
[2010] EWHC 319 (Admin)
Bailii
England and Wales
Citing:
Cited – Regina v Highgate Justices ex parte Petrou QBD 1954
The Appellant was the owner of premises which she let to another party for use as a club. The other party was charged with 10 offences relating to the supply of liquor at the premises and the Appellant was joined to show cause why the club should . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.401867
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to students from abroad, those who come from countries other than the European Community.
Cranston J
[2010] EWHC 2701 (Admin)
Bailii
England and Wales
Cited by:
See Also – 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. . .
Appeal from – New London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
At first instance – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.434933
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses.
Wyn Williams J
[2011] EWHC 856 (Admin)
Bailii
Immigration Act 1971
England and Wales
Citing:
Cited – 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 . .
Cited – 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 – 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 – Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department Admn 17-Dec-2010
The claimants challenged the imposition by the defendant of interim limits on (1) the number of applicants for entry clearance who may be issued with visas under Tier 1 (General) of the Points based system (PBS); and (2) the number of certificates . .
See Also – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Oct-2010
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to . .
Cited by:
Appeal from – New London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
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.
Updated: 26 October 2021; Ref: scu.431860
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. ‘The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities.’ Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
[2004] UKHL 16, Times 06-Apr-2004, [2004] 28 SLLP 32, 2004 SCLR 849, 2004 GWD 12-273, 2004 SLT 383
House of Lords, Bailii
Civic Government (Scotland) Act 1982, Sale of Goods Act 1979 13
Scotland
Citing:
Appeal from – Douglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .
Cited – Rogers v Parish (Scarborough) Ltd CA 1987
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of andpound;14,000.
Held: The appeal was allowed. . .
Cited – Heilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
Cited – Bartlett v Sidney Marcus Ltd 1965
A dealer will be bound by the implied condition in section 14(3) that a vehicle sold will be reasonably fit for the purpose as a vehicle to drive along the road. . .
Cited – Eastern Marine Services (and Supplies) Ltd v Dickson Motors Ltd 1981
The pursuer agreed to purchase a second-hand car from a car dealer on the basis of an assurance that the mileage shown on the odometer was genuine. It was alleged that this assurance was false and that the pursuers were entitled to damages. The . .
Cited – Twomax Ltd v Dickson, McFarlane and Robinson 1982
. .
Cited – Kruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
Cited – Spook Erection Ltd v City of Edinburgh District Council ScSf 1995
. .
Cited – Rossi v Magistrates of Edinburgh HL 1904
Conditions in an ice-cream vendors’ licence which restricted their right to open their shops when they liked and sell what they pleased were held to be ultra vires of the licensing authority. The court applied the rule that while the legislature may . .
Cited – Mixnams Properties Ltd v Chertsey Urban District Council HL 1965
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends . .
Cited – Nicol v Magistrates of Aberdeen 1870
A very strong case is required before a court could intefere with the exercise of a statutory discretion given to a local authority in a matter affecting the community. . .
Cited – Da Prato v Magistrates of Partick IHCS 1907
. .
Cited – Pyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .
Cited – Reid v Mini-Cabs SCS 1966
The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh. . .
Cited – Grampian Regional Council v Secretary of State for Scotland HL 1983
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a . .
Cited – Hyslop v Shirlaw 1905
. .
Cited – Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd CA 3-Mar-1965
When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.
Lord Denning MR said of a collateral warranty: . .
Cited by:
Appealed to – Douglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.195057
Sheriff Noel Mcpartlin
[2006] ScotSC 66
Bailii
Scotland
Updated: 19 October 2021; Ref: scu.253011
Appeal against dismissal of charges of operating unlicensed taxi cabs.
[2005] EWHC 841 (Admin)
Bailii
England and Wales
Updated: 12 October 2021; Ref: scu.224926
[2018] EWHC 1051 (Admin)
Bailii
England and Wales
Updated: 10 October 2021; Ref: scu.614978
[2007] EWHC 3522 (Admin)
Bailii
England and Wales
Updated: 01 October 2021; Ref: scu.375952
[2016] NIQB 90
Bailii
Northern Ireland
Updated: 30 September 2021; Ref: scu.640848
[2003] EWHC 1566 (Admin)
Bailii
England and Wales
Updated: 29 September 2021; Ref: scu.185619
MONEY LAUNDERING REGULATIONS 2007 – Penalty for failure by accountant to register under Regulations (reg 32(4)) – Whether the person ‘took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with’ (reg 42(2)) – Appeal dismissed
[2012] UKFTT 83 (TC)
Bailii
England and Wales
Updated: 25 September 2021; Ref: scu.450829
The status of a market was not relevant to the crucial question whether the stallholder’s licence had been validly terminated. The exercise of the powers by the local authority must be governed by the same principles whether in relation to a statutory market or an unofficial market managed by the local authority in the interests of the local community.
Templeman LJ
(1981) 79 LGR 655
England and Wales
Cited by:
Applied – Regina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.185800
[2019] NICh 12
Bailii
Northern Ireland
Updated: 18 September 2021; Ref: scu.658947
[2007] EWHC 1790 (Ch)
Bailii
England and Wales
Updated: 12 September 2021; Ref: scu.258615
[2008] EWHC 3300 (Admin), [2009] PTSR 1458, (2009) 173 JP 101, [2009] 4 All ER 154
Bailii
England and Wales
Updated: 10 September 2021; Ref: scu.381692
By 9 Geo. 4, c. 61, s. 4, licensing justices at special transfer sessions have power to license persons, ‘ intending to keep inns theretofore kept by other persons being about to remove from such inns/’ to sell exciseable liquors by retail. Justices, acting under that section, granted a licence by way of transfer from a person who was not and had not been in occupation of the premises in respect of which he held it, and no exciseable liquors had been sold upon those premises for many years.
Held: that as the justices had disregarded the provisions of the statute giving them jurisdiction, and must have acted upon some considerations altogether outside that statute, they had not heard and determined the matter according to law, and that a mandamus ought to go commanding them so to hear and determine it.
To obtain an order of mandamus, the applicant must show that he has a sufficient interest.
Matters ‘absolutely apart from the matters which by law ought to be taken into consideration’ must be ignored.
Kennedy J. noted the distinction between, on the one hand, disregarding the provisions of a statute and considering matters which ought not to be considered and, on the other hand, what he called ‘a mere misconstruction of an Act of Parliament.’
Kennedy J
[1898] 1 QB 802
Commonlii
England and Wales
Updated: 09 September 2021; Ref: scu.258764
Europa Withdrawal of marketing authorisations for medicinal products for human use containing the substance ‘phentermine’ – Urgency – Balancing of interests.
C-479/00
Second Directive 75/319/EEC
European
Citing:
See Also – Gerot Pharmazeutika v Commission ECFI 31-Oct-2000
(Order) . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.162813
[2011] PTSR 92, [2009] EWHC 3182 (Admin), (2010) 174 JP 1, [2010] 2 All ER 342
Bailii
Licensing Act 2003
England and Wales
Updated: 09 September 2021; Ref: scu.408845
When deciding upon the terms upon which licenses for the use of patented drugs are to be granted, a member state must not take into account issues other than those properly involved in such decisions. Protection of existing licences were not a proper consideration, and operated unlawfully to restrict trade.
Europa 1. Articles 30 and 36 of the Treaty must be interpreted as precluding the authorities of Member States competent to settle, in the absence of agreement, the terms of licences of right from relying upon provisions of national legislation in order to refuse the licensee of right authorization to import the patented product from non-member countries where the proprietor of the patent manufactures the product within the national territory and in order to grant such authorization where the proprietor of the patent works his patent by importing the product from other Member States of the Community. Such a practice is discriminatory because it encourages proprietors of patents to manufacture patented products within the national territory rather than to import them from other Member States and does not correspond to any requirement for the safeguarding of rights constituting the specific subject-matter of the industrial and commercial property. 2. Articles 47 and 209 of the Act of Accession of 1985, according to which the holder (or his beneficiary) of a patent for a pharmaceutical product filed in a Member State at a time when a product patent could not be obtained in Spain or Portugal for that product may rely upon the rights granted by the patent in order to prevent the import and marketing of that product in the existing Member State or States where that product enjoys patent protection, even if that product was put on the market in Spain or Portugal for the first time by him or with his consent, must be interpreted to the effect that the authorities of the Member States competent to settle, in the absence of agreement, the conditions of licences of right may, on the basis of those provisions and in derogation from the principles laid down by Articles 30 and 36 of the Treaty, prohibit the licensee from importing from Spain and Portugal a patented pharmaceutical product if national law confers upon the proprietor of the patent the right to prevent imports and if the proprietor exercises the right conferred upon him by Articles 47 and 209.
Times 08-Dec-1992, [1992] ECR I-5335, C-191/90, [1992] EUECJ C-191/90
Bailii
Patents Act 1977 46
European
Cited by:
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.160508
Revocation of firearms certificate for shotgun.
[2003] EWHC 267 (Admin)
Bailii
England and Wales
Updated: 29 August 2021; Ref: scu.184958
When assessing a medicinal product for licensing under the abridged procedure the Authority must consider its essential similarity with a product licensed for ten years, of the same constitution both as to structure and proportions and with bio-equivalence.
Times 04-Jan-1999, C-368/96, [1998] EUECJ C-368/96
Bailii
ECTreaty art 177
European
Updated: 24 August 2021; Ref: scu.161988
The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the police how they felt that the festival needed to be policed, the organiser was not to be put in an all or nothing position. Though the section did not speak of a contract, some agreement from the organiser would normally be required before he could be made liable. There was insufficent evidence of a request from the organisers for the services provided.
Scott Baker LJ said that section 25: ‘is an enabling section. That is, it enables the police to do that which the common law already said they could do. For my part, I do not think section 15 (1) added anything to or altered the common law position except possibly to clarify that the police authority has the last word on the scale of charges.’
The Hon Mr Justice Neuberger The Honourable Mr Justice Jacob Lord Justice Scott Baker
Times 15-May-2006, [2006] EWCA Civ 524, [2006] 1 WLR 2005
Bailii
Police Act 1996 25
England and Wales
Citing:
Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Cited – Glasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
Cited by:
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.241444
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 in accordance with the terms of the special hours certificate and the sale of the alcohol in that area was not ancillary to the provision of music and dancing and substantial refreshment.
Viscount Dilhorne said: ‘These provisions show that it was Parliament’s intention to secure that the sale of intoxicating liquor under a special hours certificate should always be ancillary to music and dancing, and that premises to which a special hours certificate applied should not be what was called in argument a ‘late night pub.”
Lord Diplock said that the inherent flexibility of the English language may make it necessary for an interpreter to have recourse to a variety of aids, and ‘Although the term ‘purposive construction’ is not new, its entry into fashion betokens a swing by the appellate courts away from literal construction. Lord Diplock said in 1975: ‘If one looks back to the actual decisions of [the House of Lords] on questions of statutory construction over the last 30 years one cannot fail to be struck by the evidence of a trend away from the purely literal towards the purposive construction of statutory provisions.’
Viscount Dilhorne, Lord Diplock
[1975] 1 WLR 1204
Licensing Act 1964
England and Wales
Citing:
Appeal from – 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 by:
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: 22 August 2021; Ref: scu.186579
(Victoria) Whether the Tramway was liable to pay the City for licences for its tramcars and conductors and drivers
Lord Lindley
[1905] UKPC 22, [1905] AC 358
Bailii
Australia
Updated: 21 August 2021; Ref: scu.419667
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to conduct a business, right to property, right to an effective remedy and access to an impartial tribunal, ne bis in idem principle – Article 51 – Scope – Implementation of European Union law – Games of chance – Restrictive legislation of a Member State – Administrative and criminal penalties – Overriding reasons in the public interest – Proportionality
M Ilesic P
ECLI:EU:C:2014:281, [2014] EUECJ C-390/12
Bailii
Charter of Fundamental Rights of the European Union 15 16 17 50, TFUE 56
European
Citing:
Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner ECJ 14-Nov-2013
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.583966
[2010] ScotCS CSOH – 66
Bailii
Scotland
Updated: 09 August 2021; Ref: scu.416154
Rafferty J
[2011] EWHC 1339 (Admin)
Bailii
Licensing Act 2003
England and Wales
Updated: 28 July 2021; Ref: scu.440193
The applicant sought to quash a decision revoking its premises licence.
Ouseley J
[2010] EWHC 2185 (Admin)
Bailii
England and Wales
Updated: 22 July 2021; Ref: scu.424262
Moses J
[2003] EWHC 230 (Admin)
Bailii
England and Wales
Updated: 21 July 2021; Ref: scu.185011
Sexual content of entertainment licensed may be regulated.
Independent 27-Apr-1995
England and Wales
Updated: 21 July 2021; Ref: scu.90429
(South Australia)
[1908] UKPC 38, [1908] AC 487
Bailii
Australia
Updated: 20 July 2021; Ref: scu.419922
Application for judicial review of decision to remove limit of number of hackney carriage licences granted within Wirral.
[2002] EWHC 2484 (Admin)
Bailii
Town Police Clauses Act 1847 37
England and Wales
Updated: 19 July 2021; Ref: scu.189091
Appeal by a successful applicant in the magistrates’ court against the justices’ decision to decline an award of costs in his favour.
[2003] EWHC 2185 (Admin)
Bailii
England and Wales
Updated: 17 July 2021; Ref: scu.186702
ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the tender and evaluation of the economic and financial capacity – tenderer Exclusion for failure to submit financial and economic capacity certificates issued by two banks – overriding reasons in the general interest – Proportionality – Applicability of Article 47 of Directive 2004/18 / EC
Mr Wahl Nils AG
[2016] EUECJ C-225/15 – O
Bailii
European
Cited by:
Opinion – Politano C-225/15 ECJ 8-Sep-2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement . .
These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.569039
[1996] EWHC Admin 370
Licensing Act 1964 77
England and Wales
Cited by:
Appeal from – 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 . .
These lists may be incomplete.
Updated: 02 July 2021; Ref: scu.136918
Mr Justice Silber
[2009] EWHC 3016 (Admin)
Bailii
England and Wales
Updated: 20 June 2021; Ref: scu.408843
The parties disputed the licensing charges for use of BTs database.
Waller LJ VP, Maurice Kay LJ, Patten LJ
[2009] EWCA Civ 1360
Bailii
Communications Act 2003 192
England and Wales
Updated: 09 June 2021; Ref: scu.384118
References: Times 04-Nov-2005
The claimant challenged the revocation by the respondent of his pedlar’s licence. He had been arrested on a charge involving dishonesty, and his certificate was taken from him and held.
Held: The powers available were to the police to refuse to renew a certificate or to a magistrates court to revoke licence. The police did not have the power to do as they had. The declaration was granted.
Statutes: Pedlar’s Act 1871 5(1)