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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Licensing - From: 1900 To: 1929

This page lists 10 cases, and was prepared on 02 April 2018.

 
Hawkins v Edwards [1901] 2 KB 169
1901


Licensing, Road Traffic

Town Police Clauses Act 1847 38
1 Citers


 
Rossi v Magistrates of Edinburgh (1904) 7 F (HL) 85
1904
HL

Licensing, Constitutional
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 make whatever changes to the law that it likes, subordinate legislative authorities can make only such changes in the law as Parliament has empowered them to make.
It is a general rule of construction that, while the legislature may make whatever changes to the law that it likes, subordinate legislative authorities can make only such changes in the law as Parliament has empowered them to make.
1 Citers


 
London County Council v Bermondsey Bioscope Co [1911] 1 KB 445
1911


Licensing

1 Citers


 
Mellor v Lydiate (1914) 3 KB 1141
1914

Lord Reading CJ
Licensing, Consumer
The appellant brewers owned a public house, whose licencee was their manager. He supplied beer to the respondent, and the appellants were then convicted under the section which, provided that a person "shall not sell… any intoxicating liquor unless he holds a justices licence" Held: The appeal was allowed, but with differing reasons.
Lord Reading CJ: "On behalf of the appellants it was contended that there had been no sale by them within the meaning of the words in section 65, and that in any event their servant, for whose act it was sought to make them responsible under the statute, was the holder of a justices licence, and, therefore, that the requirements of the statute had been met." and "If it were right to construe the section as if we were determining the rights and obligations of the parties to a contract of sale it could not be doubted, as a general principle of law, that a sale by a servant authorised in that behalf is a sale by the principal, at least to the extent of imposing upon the latter the burdens and advantages of the contract. But I cannot think that when the Legislature enacted that a justices licence should be required as a condition precedent to the right of selling intoxicating liquor by retail on the licensed premises it intended that every person who might be made liable as a contracting party to a contract of sale must hold a justices licence for such sale notwithstanding that he took no part in the actual conduct of the sale on the premises."
Licensing (Consolidation) Act 1910 65(1)
1 Citers


 
Rex v London County Counci, ex parte London and Provincial Electric Theatres LD [1915] 2 KB 466
1915


Licensing

1 Citers


 
Theatre de Luxe (Halifax) LD v Gledhill [1915] 2 KB 49
1915
KBD
Lush, Rowlatt and Atkin JJ
Licensing
The company appealed a condition which had been attached to its licence to open the cinema. The condition was that "Children under fourteen years of age shall not be allowed to enter into or be in the licensed premises after the hour of 9 p.m. unaccompanied by a parent or guardian. No child under the age of ten years shall be allowed in the licensed premises under any circumstances after 9 p.m." Held: (majority) The scope of the local authority to impose conditions was limited under the 1909 Act. The condition imposed was ultra vires. Atkin J (dissenting) The authority's power was not limited in this way. If the conditions weer reasonable, in respect of the use of the licensed premises and in the public interest, they were lawful. Beyong that there was no fetter upon the power of the licensing authority.
Cinematograph Act 1909
1 Citers


 
Rex v Burnley Justices ex parte Longmore (1916) 85 LJ (KB) 1565
1916


Licensing, Magistrates
Where unreasonable conditions have been imposed on a licence, the party claiming to be aggrieved has the right to take the issue to the court.
1 Citers



 
 Holt Brewery Co Ltd v Thompson; 1920 - (1920) 84 JP 127
 
Ellis v Dubowski [1921] 3 KB 621
1921


Licensing
A complaint was made that the local authority had added an unlawful condition to a licence it had granted. Held: The illegal element which the authority had imported into the conditions imposed consisted of a delegation of their powers to the police. It was not that the delegation was a thing which no reasonable person could have thought was a sensible thing to do. It was outside their powers altogether to pass on this discretion which the legislature had confided to them to some outside body.
1 Citers


 
Sales v Lake [1922] 1KB 553
1922


Road Traffic, Licensing
A hackney carriage may be plying for hire siomply by waiting in the street available to take passengers.
1 Citers


 
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