The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and the council was not precluded from applying its policy.
Judges:
Beatson J
Citations:
[2006] EWHC 815 (Admin), Times 14-Apr-2006, [2007] 1 All ER 400
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Cited – The British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
Cited – Cranage Parish Council v First Secretary of State Admn 2004
The court considered the status of planning policies: ‘For one thing, in the planning field of policies and development plans of this kind are commonly drafted by planners for planners and often are very loosely drafted. They are not, putting it . .
Cited – Regina (on the Application of Chorion Plc) v Westminster City Council Admn 5-Oct-2001
A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy . .
Cited – Regina (on the Application of Chorion Plc) v Westminster City Council CA 30-Jul-2002
The judge had awarded the costs of part of an action to one party, and provided that overall the costs were to be assessed if not agreed. The applicant sought to have its costs own assessed.
Held: The order did not differentiate between the . .
Cited – Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others QBD 3-Oct-1995
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had . .
Cited – Regina v Kerrier District Council, ex parte Uzell Blythe and Sons 1996
The court referred to the decision of Sedley J in Atkinson adding: ‘As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions.’ . .
Cited – Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council CA 15-Mar-1999
. .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 12 April 2022; Ref: scu.240338