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: 1996 To: 1996
This page lists 23 cases, and was prepared on 02 April 2018.
Regina v Horserace Totaliser Board Ex Parte William Hill Ind Summary, 05 February 1996
5 Feb 1996
QBD
Licensing
Board's discretion on the charges it is to make is wide. Such decisions are unchallengeable if rational.
Betting Gaming and Lotteries Act 1963
Caledonian Nightclubs Ltd v City of Glasgow District Licensing Board; HL 26-Feb-1996 - Times, 26 February 1996
Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald Gazette, 24 April 1996; Times, 27 March 1996
27 Mar 1996
CA
Licensing
An entertainment licence was not needed for public entertainment given by a busker, a public square was not 'a premise' within the Act.
London Government Act 1963
1 Cites
1 Citers
Wandsworth London Borough Council v Rosenthal and Another Times, 28 March 1996
28 Mar 1996
QBD
Licensing
The sale of goods from a stand on the pavement outside a shop was street trading, and required the appropriate license.
Regina v Gaming Licensing Committee Ex Parte Gala Leisure Ltd Times, 05 April 1996
5 Apr 1996
QBD
Justice Sedley
Licensing
An application for a bingo hall license can be heard before the hall itself is built. The application is submitted with plans for the building, and if the building does not conform, the license will be invalid.
Gaming Act 1968 Sch 2
Stevenage Borough Council v Wright Times, 10 April 1996
10 Apr 1996
QBD
Licensing
A street seller operating from one point on a street is operating as from a pitch and is not a peddler.
Pedlars Act 1871
De Cristofaro v British Transport Police Times, 07 May 1996
7 May 1996
QBD
Licensing
When a buskers was being prosecuted under a byelaw there was no need for the prosecution to show that anyone annoyed by the music.
Boucher v Director of Public Prosecutions Times, 07 May 1996
7 May 1996
QBD
Licensing
A bar helper who was not an employee and who served an underage drinker committed no offence.
Kelly and Another v Wirral Metropolitan Borough Council Times, 13 May 1996
13 May 1996
CA
Licensing
The Crown Court may itself decide on the need for taxi licences in a particular area, or it may choose to remit the question to the local authority.
Public Health Amendment Act 1907 7(1)(b)
Regina v Royal Borough of Kensington and Chelsea ex parte Sir Adrian Blennerhasset BT and Evans [1996] EWHC Admin 46
19 Jul 1996
Admn
Hidden J
Licensing
Appeal against decision to revoke licence to run lottery.
Lotteries and Amusements Act 1976
[ Bailii ]
Cooper v Westminster City Council [1996] EWHC Admin 45
19 Jul 1996
Admn
Licensing, Crime
London Local Authorities Act 1990 38(1)(a)
In Re Senator Hanseatische Verwaltungsgesellschaft Mbh and Another; CA 30-Jul-1996 - Times, 30 July 1996; [1997] 1 WLR 515
Regina v Blake; CACD 31-Jul-1996 - Times, 14 August 1996; [1996] EWCA Crim 729; [1997] 1 Cr App R 209; [1997] 1 WLR 1167
Regina v Secretary of State for Transport ex parte Coppin [1996] EWHC Admin 139
22 Oct 1996
Admn
Licensing
The applicant sought judicial review of the decision of the respondent to withdraw its licence to conduct MOT testing.
Motor Vehicles (Tests) Regulations 1981
[ Bailii ]
Regina v The Medicines Control Agency, ex parte Smith and Nephew Pharmaceuticals and Primecrown v The Medicines Control Agency C-201/94; [1996] EUECJ C-201/94
12 Nov 1996
ECJ
European, Licensing
ECJ When the competent authority of a Member State concludes that a proprietary medicinal product covered by a marketing authorization in another Member State and a proprietary medicinal product for which it has already issued a marketing authorization are manufactured by independent companies pursuant to agreements concluded with the same licensor and that those two products, although not identical in all respects, have at least been manufactured according to the same formulation and using the same active ingredient and that they also have the same therapeutic effects, it must treat the imported proprietary medicinal product as being covered by the latter marketing authorization unless there are countervailing considerations relating to the effective protection of the life and health of humans. If the public health authorities of the Member State of importation already have in their possession, as a result of an application for a marketing authorization for the proprietary medicinal product in question, all the pharmaceutical particulars relating to that product and considered to be absolutely necessary for the purpose of checking that the product is effective and not harmful, it is clearly unnecessary, in order to protect the health and life of humans, for those authorities to require a second trader who has imported a proprietary medicinal product satisfying the abovementioned criteria to produce these particulars again.
The fact that the grantor of the licences in respect of the two proprietary medicinal products in question is situated outside the European Community is irrelevant.
However, if the competent national authority concludes that the proprietary medicinal product to be imported does not satisfy the abovementioned criteria, a new marketing authorization is required. That authorization can be issued only in accordance with the conditions laid down in Articles 3 and 4 of Directive 65/65 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, as amended in particular by Directive 87/21. It would, in particular, be contrary to those provisions, which preclude the issue of a marketing authorization unless all the information referred to in Article 4 has been supplied and the tests performed, for the competent authority, in the context of an application for a marketing authorization, to use information supplied by an independent company, without its agreement, in support of an application for a marketing authorization concerning another proprietary medicinal product.
2. The holder of an original marketing authorization issued under the procedure referred to in Directive 65/65 may rely on the provisions of that directive, as amended in particular by Directive 87/21, and specifically on Article 5 thereof, in proceedings before a national court in order to challenge the validity of an authorization issued by the competent national authority on the basis of that directive to one of its competitors for a proprietary medicinal product bearing the same name. The same applies where the authorization, although issued under another procedure laid down at national level, should have been issued on the basis of the directive. Those provisions are sufficiently unconditional and precise for that purpose.
[ Bailii ]
Charlotte Goodwin v Stratford-Upon-Avon District Council [1996] EWHC Admin 241
18 Nov 1996
Admn
Licensing, Planning
[ Bailii ]
Langridge, Canterbury City Council v Howletts and Port Lympne Estates; Admn 27-Nov-1996 - Times, 13 December 1996; [1996] EWHC Admin 282
Regina v City and County of Swansea ex parte Julie Amanda Jones [1996] EWHC Admin 290
28 Nov 1996
Admn
Licensing, Local Government
[ Bailii ]
Vehicle Inspectorate v T D and C Kelly Limited [1996] EWHC Admin 310
2 Dec 1996
Admn
Road Traffic, Licensing
[ Bailii ]
Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Generics (Uk) Limited and E R Sqibb and Sons [1996] EWHC Admin 339
10 Dec 1996
Admn
Licensing
Medicines Act 1968
[ Bailii ]
Regina v Bristol City Council ex parte Brunton [1996] EWHC Admin 348
11 Dec 1996
Admn
Licensing
Gaming Machine.
[ Bailii ]
Regina v Stafford Crown Court ex parte Shipley [1996] EWHC Admin 370
16 Dec 1996
Admn
Licensing
Licensing Act 1964 77
1 Cites
1 Citers
[ Bailii ]
Philip John Russell v Director of Public Prosecutions Gazette, 12 February 1997; Times, 28 January 1997; [1996] EWHC Admin 386
19 Dec 1996
Admn
Licensing
The 'due diligence' defence does not require the personal involvement of the licensee.
Licensing Act 1964 169(1)
[ Bailii ]