swarb.co.uk - law index
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Licensing - From: 1991 To: 1991
This page lists 2 cases, and was prepared on 02 April 2018.
Regina v Southwark Crown Court ex parte Watts Gazette, 15 January 1992; (1991) 4 Admin LR 289
1991
CA
Russell LJ
Licensing, European
A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the requirements of European Law and did not restrict his right of establishment. "In our judgment the scope of freedom of establishment is indicated by the provision of article [52] itself that it 'shall include the right to take up and pursue activities as self employed persons . . under the conditions laid down for its own nationals by the law of the country where such establishment is effected . . ' There is nothing to suggest that nationals of other member States are not entitled to apply for and exercise licences on the same conditions as apply to the appellant. In so doing such nationals are not hindered by any prescribed conditions . . the provisions governing licence holders apply to all of them without distinction, and there is nothing to suggest they were adopted for discriminatory purposes . . On this topic [viz. discrimination by being disadvantaged] the judge was content to hold that `Provided a national of a member State can compete on equal terms for a stall' there is no discrimination. We agree. The Act has no discriminatory effect, and is in our judgment not incompatible with Article 52."
London County Council (General Powers) Act 1947 21 - EC Treaty 30 34 52
1 Cites
1 Citers
Regina v Secretary of State for Transport, ex parte Factortame; ECJ 25-Jul-1991 - C-221/89; [1991] EUECJ C-221/89; [1991] ECR I-3905