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: 2001 To: 2001
This page lists 16 cases, and was prepared on 02 April 2018.
Regina (Vetterlein) v Hampshire County Council [2001] EWHC Admin 560
2001
Admn
Sullivan J
Human Rights, Licensing, Judicial Review
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights. Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life would be so directly effected by the incinerator proposal as to engage article 8, "The answer to that question has to be no, even if one strictly applies the WHO guideline, ignoring the fact that it is only a guideline and not a mandatory requirement, and that a breach of the guideline does not automatically mean that there is serious pollution, much less that there is any significant danger to health.
The claimant's is no more than a generalised concern as to the effects of the incinerator in terms of increased nitrogen dioxide emissions. Such generalised environmental concerns do not engage article 8, which is concerned with an individual's right to enjoy life in his own home."
Sulivan J considered the power of a court hearing an application for leave to bring judicial review proceedings to determine the issue immediately having heard the applications: "I am satisfied that all the arguments open to the claimants on matters of fact and law have been placed before the Court. In the circumstances it would be wholly artificial to consider the by now academic question: is the claimant's case arguable? Having heard the arguments I am in a position to determine the substantive application for judicial review on its merits."
1 Cites
1 Citers
Dinev and Others, Regina (on the Application Of) v City of Westminster Council [2001] EWCA Civ 80
25 Jan 2001
CA
Simon Brown VP CA LJ
Local Government, Licensing
Renewed application for permission to appeal against an order dismissing the applicants' judicial review challenge to the decision to introduce a temporary licensing scheme for portrait artists in Leicester Square
[ Bailii ]
Ribble Motor Services Ltd v Traffic Commission For The North Western Travel Area Times, 08 March 2001; [2001] EWCA Civ 267
23 Feb 2001
CA
Transport, Licensing, Road Traffic
When looking at whether the bus operator had delivered the bus timetable standards as required, the Commission need not consider every occasion of excuse, but could consider that the general margin of 12 minutes on timetables included everyday occurrences. If no expert evidence was put before it to say otherwise, the Commission could also consider that it was appropriate to look for 95% achievement of the targets.
Transport Act 1985 6
[ Bailii ]
Kempin T/A British Bulldog Ice Cream v Brighton and Hove Council Times, 13 March 2001; Gazette, 29 March 2001
13 Mar 2001
QBD
Licensing, Local Government
An ice cream salesman driving around an area was not a roundsman so as to be exempted from the need to obtain a street trader's licence, however regular his route. Though not defined in the Act, 'roundsman' meant activities delivering pre-ordered goods within a locality. This interpretation was required in order to give effect to the purpose of the Act.
Local Government (Miscellaneous Provisions) Act 1982
Regina v Liverpool City Council ex parte Barry; CA 21-Mar-2001 - [2001] EWCA Civ 384
Westminster City Council v Mendoza; CA 22-Mar-2001 - Times, 22 March 2001
Castle Cement v Environment Agency; Admn 22-Mar-2001 - [2001] EWHC Admin 224
Commission v Gerot Pharmazeutika (Order) C-479/00
11 Apr 2001
ECJ
European, Licensing
Europa Withdrawal of marketing authorisations for medicinal products for human use containing the substance "phentermine" - Urgency - Balancing of interests.
Second Directive 75/319/EEC
Regina (Jet Services Ltd) v Civil Aviation Authority; CA 1-May-2001 - Times, 15 May 2001; Gazette, 14 June 2001; [2001] EWCA Civ 610; [2001] 2 All ER (Comm) 769; [2001] All ER (D) 08
A M Richardson t/a D J Travel Consultants v Department of the Environment, Transport and the Regions Unreported, 11 May 2001; Appeal 65/2000
11 May 2001
TT
Road Traffic, Licensing
The burden of proof for the purpose of a section 27 revocation issue is on the licence holder to prove its continuing good repute.
1 Citers
Attorney-General's Reference (No 5 of 2000); CACD 6-Jun-2001 - Times, 06 June 2001; [2001] EWCA Crim 1077
Tameside Metropolitan Borough Council v Grant Gazette, 25 October 2001
17 Sep 2001
FD
Wall J
Licensing, Children, Magistrates
The council cancelled the respondent's registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The matter was remitted to be heard before a different bench. Though the case should have been heard by magistrates who were members of the family panel, that was not sufficient itself to vitiate the decision.
Magistrates Courts Act 1980 - Children Act 1989 77(6) - Human Rights Act 1998
Regina (on the Application of Chorion Plc) v Westminster City Council [2001] EWHC Admin 754
5 Oct 2001
Admn
Judicial Review, Licensing
A licensing policy had been challenged and then amended by the defendant council to meet the claimant's concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded. Held: The policy had the meaning contended for by the claimant, even though that had not been the meaning intended by the defendant council, and: "I also accept Mr Hunter's [counsel for the claimant] submission that publishing a policy that meant something other than what was intended rendered that policy susceptible to judicial review. Policies are a means of promoting consistency while not fettering the discretion of a public body . . "
1 Cites
1 Citers
[ Bailii ]
Luminar Leisure Ltd and Another, Regina (on the Application Of) v Licensing Justices for North West Essex and others [2001] EWCA Civ 1628
23 Oct 2001
CA
Licensing
[ Bailii ]
Reynolds v Brent London Borough Council Times, 18 December 2001; Gazette, 06 February 2002; [2001] EWCA Civ 1843
4 Dec 2001
CA
Lord Woolf, Lord Chief Justice, Lord Justice Mummery and Lord Justice Buxton
Housing, Licensing, Local Government
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and separate. The authority was entitled to refuse registration without considering the imposition of restrictions.
Housing Act 1985 348
[ Bailii ]
Howard, Regina (on the Application Of) v Swansea Crown Court [2001] EWCA Civ 2107
17 Dec 2001
CA
Schiemann LJ
Licensing
[ Bailii ]