swarb.co.uk - law index
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. Â
Licensing - From: 1960 To: 1969
This page lists 6 cases, and was prepared on 02 April 2018.
Â
 Panama (Piccadilly) Ltd v Newbury; 1962 - [1962] 1 WLR 610; [1962] 1 All ER 769
Â
Asoka Kumar David Also Known As David Asoka Kumar v M.M.M. Abdul Cader [1963] UKPC 18
2 Jul 1963
PC
Licensing
(Ceylon)
[ Bailii ]
Â
Mixnams Properties Ltd v Chertsey Urban District Council [1965] AC 735
1965
HL
Lord Upjohn, Viscount Dilhorne
Contract, Local Government, Licensing
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 to empower a third party to make conditions which regulate the terms of contracts to be made between others then, even where there is an appeal to a court of law against such conditions, it must do so in clear terms. Viscount Dilhorne: "In the present case there appears to me to be a fundamental difference between prescribing what must or must not be done on a site and restricting the site owner's ordinary freedom to contract with his licensees on matters which do not relate to the manner of use of the site. Conditions can make the site owner responsible for the proper use of the site and it is then for him to make such contracts with his licensees as the general law permits. I can find nothing in the Act of 1960 suggesting any intention to authorise local authorities to go beyond laying down conditions relating to the use of sites, and in my opinion the general words in section 5 cannot be read as entitling them to do so."
Caravan Sites and Control of Development Act 1960
1 Citers
Â
Reid v Mini-Cabs 1966 SC 137
1966
SCS
Lord Avonside
Scotland, Licensing
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.
1 Citers
Â
Goodfellow v Johnson [1966] 1 QB 83
1966
Lord Parker CJ, Widgery J
Licensing, Crime, Consumer
The defendant was the manager and licensee of a public house owned by a brewery. When the premises were visited by a sampling officer the gin supplied by the barmaid was adulterated. She was the servant of the brewery, and the magistrates dismissed the allegation that the defendant had contravened the section which provided "If a person sells to the prejudice of the purchaser any food . . which is not . . of the substance . . demanded by the purchaser he shall . . be guilty of an offence."
Lord Parker CJ said that the statutory provision created an absolute offence which was not correct "The forbidden act is the selling to the prejudice of the purchaser, and it has long been held that a person who has done the forbidden thing through somebody else like a servant or agent is himself liable. Further, as long ago as 1891 it was held in Hotchin v Hindmarsh that the forbidden act in a provision such as this is not the parting with the title by the owner but is the physical handling and handing over of the goods by way of sale: in other words the shop assistant, or in this case the barmaid, is liable, and accordingly in view of the general principle to which I have already referred any person on whose behalf that act of handling and handing over is done is also liable." Widgery J "Rather it is a fact that licensed houses are, by the necessity of the licensing legislation, organised on that footing, and here the act of selling complained of was an act … which could only have been done in that house by the defendant licensee. In those circumstances it seems to me inevitable to conclude that Mrs Wright's act of selling was in law the act of the licensee and he should be responsible for it."
Food and Drugs Act 1955 2 - Licensing Act 1953 120(1)
1 Cites
1 Citers
Â
 Richards v Bloxham (Binks); QBD 1968 - (1968) 66 LGR 739
Â
