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: 2002 To: 2002
This page lists 16 cases, and was prepared on 02 April 2018.
Bryan Haulage Limited v Vehicle Inspectorate (No 1) [TT 1 of 2002]
2002
TT
Road Traffic, Licensing
The tribunal set out the correct approach to findings involving revocation of an operator's licence (or disqualification): "However, in order to take action under s. 26 or to make a finding of loss of good repute under s. 27 or make an order of disqualification of directors under s. 28 of the Act, the Traffic Commissioner was obliged to make an assessment of the nature, number and gravity of the breaches of regulations revealed by Mr Prime's investigations and whether there was any evidence of instruction, encouragement or acquiescence on the part of the Appellant . . . It is a further requirement that the Traffic Commissioner consider the weight, if any, to be attached to the Appellant's general record, performance, reputation and enforcement history."
1 Citers
Tower Hamlets London Borough Council and another v Sherwood and another Gazette, 27 February 2002; Times, 04 March 2002; [2002] EWCA Civ 229
18 Feb 2002
CA
Peter Gibson, Chadwick, Longmore LLJ
Local Government, Licensing, Nuisance, Estoppel
The applicants had constructed kiosks on the highway with permission from the local authority under the 1990 Act. They also had licences under the 1980 act to operate as street traders. The authority later complained that the sales from the structures were not street sales, and the licences were not valid. Held: The licensing system was intended to supplement the law of nuisance, by proscribing street trading falling short of nuisance. Trading from such structures was not street trading, and was not regulated under the 1990 Act. It was not appropriate to decide the question of whether an offence had occurred, by looking at tiny questions of when in time the sales took place. There was no promise to be implied allowing the traders a licence, or that they should be granted a lease. Nevertheless, there was an estoppel against the local authority which had represented that a licence would continue for 22 years, and it would be held to it.
London Local Authorities Act 1990 21(1) - Highways Act 1980 Part VIIA
[ Bailii ]
Chorion Plc v Westminster City Council [2002] EWCA Civ 322
5 Mar 2002
CA
Licensing
1 Cites
1 Citers
[ Bailii ]
Luminar Leisure Ltd, Regina (on the Application Of) v Licensing Justices for Petty Sessional Division of North West Essex and others [2002] EWCA Civ 414
11 Mar 2002
CA
Licensing
[ Bailii ]
Gough v Bristol Licensing Justices Times, 01 May 2002
12 Apr 2002
QBD
Lord Woolf, Lord Chief Justice and Mr Justice Harrison
Licensing
The applicant sought a special order of exemption to allow him to open his public house for customers to watch the world cup football matches. Previous case law suggested that such events were not 'special events' within the Act so as to allow such orders. Held: Televised sport had now become a major part of public, and pub life, and the World Cup was a major sporting event. There would undoubtedly be local celebration and enjoyment of the event, even if it was not held locally. The magistrates had a discretion to grant an order, and one was now granted.
Licensing Act 1964 74(4)
1 Cites
Carter-Pascoe v Birmingham Justices and Another [2002] EWHC 1202 (Admin)
18 Jun 2002
Admn
Lightman J
Licensing
The claimant appealed refusal of a General Order of Exemption.
Licensing Act 1964 74
[ Bailii ]
Regina v Warrington Crown Court Chief Constable of Cheshire Constabulary, Ex Parte RBNB (A Company) Times, 21 June 2002; Times, 01 August 2002; [2002] UKHL 24; (2003) 167 JPN 31; [2002] BCC 697; [2002] NPC 85; [2002] 1 WLR 1954; [2002] 4 All ER 131; (2003) 167 JP 6
20 Jun 2002
HL
Lord Bingham of Cornhill, Lord Mustill, Lord Hutton, Lord Millett and Lord Rodger of Earlsferry
Company, Licensing, Magistrates
The company refused to disclose the identity of its shareholders, when it applied for an alcohol license. The magistrates refused a licence it on the basis that the information was needed to assess the fitness of the company to hold the licence. The Crown Court refused the licence, but it was then granted on appeal. The police appealed. Held: The shares were held through companies in such a way that the identity of the shareholders was not publicly ascertainable, and the court could not be sure that those controlling the company were appropriate. The appeal was refused. There was no extraneous reason to doubt the fitness of the proposed licensee. The term 'a fit and proper person' is to be construed according to the context. Questions about the eventual ownership of the owner were a distraction from the proposed licensee's own fitness.
[ House of Lords ] - [ Bailii ]
Regina (on the Application of Chorion Plc) v Westminster City Council Times, 21 October 2002; [2002] EWCA Civ 1126; [2002] All ER (D) 468; [2002] LLR 624; [2003] CPLR 41
30 Jul 2002
CA
Pill LJ, Sir Martin Nourse
Costs, Licensing
The judge had awarded the costs of part of an action to one party, and provided that overall the costs were to be assessed if not agreed. The applicant sought to have its costs own assessed. Held: The order did not differentiate between the different parts on the question of assessment, and it was not possible to assess one part of the costs as opposed to the whole. Such a deferred assessment was different in nature from deciding whether a party would receive all or part of its costs.
1 Cites
1 Citers
[ Bailii ]
Levy v Environment Agency and Another [2002] EWHC 1663 (Admin)
30 Jul 2002
Admn
Environment, Licensing
[ Bailii ]
London Borough of Croydon v Burdon [2002] EWHC 1961 (Admin)
6 Aug 2002
Admn
Wilkie J
Crime, Licensing
London Local Authorities Act 1990 38(1)(a)
[ Bailii ]
Regina (Maud) v Castle Point Borough Council Gazette, 13 March 2003
2 Oct 2002
CA
Lords Justice Kennedy, Buxton and Keene
Licensing, Road Traffic, Local Government
The council decided after consultation and advice to issue licences for hackney carriages, removing the limit on the number of such licences, and allowing Hackney Carriages vehicles to pick up passengers from cab ranks. The taxi owners sought to challenge the decision by way of judicial review. Held: The section allowed the council to restrict the number of licences, only if satisfied that there was no unmet need. The council had not taken into account any irrelevant or improper matter, and the review was refused. The imposition of restrictions on some licences would create a second class system, and the council was correct not to do this.
Transport Act 1985 16 - Town Police Clauses Act 1847
Royden, Regina (on the Application Of) v Metropolitan Borough of Wirral [2002] EWHC 2484 (Admin)
8 Oct 2002
Admn
Licensing
Application for judicial review of decision to remove limit of number of hackney carriage licences granted within Wirral.
Town Police Clauses Act 1847 37
[ Bailii ]
Phillips v Director of Public Prosecutions Times, 04 November 2002; Gazette, 28 November 2002; [2002] EWHC 2093 (Admin)
28 Oct 2002
QBD
Latham LJ, McCombe J
Licensing, Human Rights
The applicants were mini-cab drivers. They challenged the regulations which prohibited the driving of commercial vehicles and vehicles for hire in the areas regulated, with the exception of black cabs, and under which they had been convicted. They claimed that this was discriminatory. Held: The black cabs were a traditional part of the London scene, and very different. The appellants' rights were not engaged, but even if they were, the prohibition would be proportionate.
Royal Parks and Other Open Spaces Regulations (1997 No 1639) 4(27)
[ Bailii ]
Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited [2002] EWCA Civ 1409
30 Oct 2002
CA
Lord Justice Laws, Lord Jusice Aldous, Lord Justice Johnathan Parker
Licensing, Agriculture, Judicial Review
Order confirmed. "while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell unhappily short of the high standards of fairness and openness which is now routinely attained by British government departments. "
Laws LJ said that there is "a very high duty on public authority respondents, not least central government, to assist the court with full and accurate explanation of all the facts relevant to the issue the court must decide"
South Georgia and South Sandwich Islands Order 1985 - British Settlements Acts 1887 - British Settlements Acts 1945
1 Cites
1 Citers
[ Bailii ]
Secretary of State for Transport, Local Government and the Regions v Snowdon Times, 04 December 2002; Gazette, 06 December 2002; [2002] EWHC 2394 (Admin)
4 Nov 2002
QBD
Pleming QC
Transport, Licensing
The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders' register. Held: There was no provision which would automatically disqualify the applicant from holding a licence. The magistrate had to make a decision in the light of the particular circumstances both private and commercial, and here, it would have been wrong to deny him the opportunity to have heard in his support, his employer who had continued to employ him.
Road Traffic Act 1988 121(1)(b)
[ Bailii ]
Leeds Teaching Hospitals NHS Trust v Mr and Mrs A, YA, ZA, Mr and Mrs B T Authority [2003] 1 FLR 412
4 Nov 2002
QBD
Dame Butler-Sloss E, President
Health, Licensing
At a fertility clinic, eggs were fertilised with the sperm from the wrong father. It was noticed only because after the birth of the twins, the colour of their skin was different from the mother and putative father. Held: Difficult issues of medical confidentiality had arisen. The HFEA had conducted a preliminary investigation and imposed certain conditions upon the unit's licence. Having given a statement of the factual background, the court reserved its' fuller opinion to a later hearing.
1 Cites
1 Citers
