swarb.co.uk - law index
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Licensing - From: 1990 To: 1990
This page lists 2 cases, and was prepared on 02 April 2018.
ÂRegina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall Times, 28 May 1990; (1990) 156 JP 587
28 May 1990
QBD
Roch J
Costs, Magistrates, Licensing
The court considered the award of costs in a licensing case. Roch J said: "There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party obtains an order for costs against the losing party unless there are exceptional circumstances or reasons why this should not be so.
Mr Barrie has pointed out that the basis of that principle is this: the losing litigant should not have contested the matter before the court. In my judgment it was wrong for the justices to treat this matter as civil proceedings between two private litigants and to ignore the factor urged upon them by the solicitor appearing for the police authority, namely, that the police have a function which they are required to perform. They are required to supervise the proper conduct of the licensed premises and to object in those cases where there are good grounds for objecting to the renewal of the licence. That that is the police’s function is clearly demonstrated by the provisions in the Licensing Act which give the police power to enter licensed premises whether at the invitation of the licensee or not.
In addition, in my view, the police authority must also bring to the attention of the licensing justices matters of which the police know and which can fairly and properly be said to amount to misconduct by the licensee or those for whom he is responsible.
Such factors emphasise the importance of the police being able to discharge their functions with regard to the licensing laws fairly and properly. Of course, if the evidence indicated that an objection by a police authority to the renewal of the justices' on-licence was misconceived, that it was without [proper] foundation or born of malice or some improper motive, then it would be just and reasonable for the police to be ordered to pay the costs of the successful licensee . . One of the roles the police must fulfil is to enable justices, who have to consider the renewal of licenses, to make informed decisions."
1 Citers
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 Quietlynn and Richards v Southend Borough Council; ECJ 11-Jul-1990 - C-23/89; [1990] EUECJ C-23/89
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