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.
Licensing - From: 1993 To: 1993
This page lists 11 cases, and was prepared on 02 April 2018.
Regina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd; HL 1993 - [1993] 1 WLR 23; [1993] 1 All ER 289
Drury and Another v Scunthorpe Licensing Justices Gazette, 13 January 1993
13 Jan 1993
QBD
Licensing
Surrender of Justices On-licence still possible without mention by Act.
Licensing Act 1964
Hussain v Bradford City Council; QBD 15-Feb-1993 - Ind Summary, 15 February 1993
Dittah and Another v Phillipps Ind Summary, 01 March 1993
1 Mar 1993
QBD
Road Traffic, Local Government, Licensing
Limits on operation of taxis. A taxi license authorised a taxi to operate within the district to which it related and not beyond. To operate within another district would require a license from that district.
Local Government (Miscellaneous Provisions) Act 1976 46(1)(d)
Martine v South East Kent Health Authority Ind Summary, 22 March 1993; (1993) 20 BMLR 51; Times, 08 March 1993
22 Mar 1993
CA
Dillon LJ, Leggatt LJ
Negligence, Licensing, Health Professions
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff's nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority's chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages. Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: "it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances" and that if in any circumstances the checks and balances should fail "negligence as a tort could not be, and should not be, invoked as the remedy."
Leggatt LJ said: "The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence."
Registered Homes Act 1984 30
1 Citers
Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs) Times, 07 May 1993
7 May 1993
QBD
Local Government, Licensing, Transport
A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.
Local Government Miscellaneous Provisions Act 1976 55
Mendip District Council v Glastonbury Festival Ltd Gazette, 16 June 1993
16 Jun 1993
QBD
Licensing
Offences of breach of conditions of license run together.
Local Government (Miscellaneous Provisions) Act 1982
Regina v Hammersmith and Fulham London Borough Council, Ex Parte Earls Court Ltd Times, 15 July 1993; Independent, 07 September 1993
15 Jul 1993
QBD
Licensing
Conditions imposed on a licence under the Act need to be sufficiently precise for applicants to know the obligations imposed upon them. An entertainment licence was unreasonable because its conditions were so obscure in meaning.
London Government Act 1963 P1(2) Sch 12
Regina v Bull Gazette, 13 October 1993; Times, 18 August 1993
18 Aug 1993
CA
Crime, Licensing
A firearms dealer must register particulars of every place of business. Registration as firearms dealer does not allow the keeping of firearms outside business.
Firearms Act 1968 8(1)(1)
Regina v Inner London Crown Court Ex Parte Sitki Times, 26 October 1993; Ind Summary, 08 November 1993
26 Oct 1993
CA
Licensing
An unlawful condition attached to the grant of an on-licence not severable. The licence was invalid.
Regina v Mid-Warwickshire Licensing Justices, ex parte Patel Times, 15 December 1993
15 Dec 1993
QBD
Licensing
Discretion allowed re technical deficiency if statutory requirements met.
Licensing Act 1964 4(a)(b)(c)Sch2