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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: 2003 To: 2003

This page lists 26 cases, and was prepared on 02 April 2018.

 
Crompton T/A David Crompton Haulage v Department of Transport North Western Area Times, 07 February 2003; [2003] EWCA Civ 64; Times, 07 February 2003
31 Jan 2003
CA
Lord Justice Kennedy, Lord Justice Mantell, Lord Justice Mance
Licensing, Transport, Human Rights
The claimant challenged the revocation of his operator's licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator's licence is a possession within art 1 of the Convention. The Act did not define what was considered to be 'of good repute'. It was necessary to keep in proportion the loss of the licence, and the seriousness of the lost element of reputation. The tribunal had failed to keep that balance and the tribunal's order was revoked.
Goods Vehicles (Licensing of Operators) Act 1995 27(1) - European Convention on Human Rights
1 Citers

[ Bailii ]
 
Chief Constable of Sussex, Regina (on the Application Of) v Chichester Crown Court and Another [2003] EWHC 267 (Admin)
5 Feb 2003
Admn

Licensing
Revocation of firearms certificate for shotgun.
[ Bailii ]

 
 Telford and Wrekin, Regina (on the Application Of) v Shrewsbury Crown Court; Admn 6-Feb-2003 - [2003] EWHC 230 (Admin)
 
Liverpool City Council v Kelly [2003] EWCA Civ 197; Times, 18 March 2003; Gazette, 24 April 2003
20 Feb 2003
CA
Lord Justice Keene Lord Justice Rix Lord Justice Schiemann
Licensing
The council appealed an order requiring it to specify an overall maximum charge for licensing taxis. It had fixed an adminsitrative sum plus a sum for the first inspection and further sums for re-inspection. Held: The section envisaged separate charges being made, and no overall limit was properly implied.
Local Government (Miscellaneous Provisions) Act 1976 70(1)
[ Bailii ]
 
Westminster City Council v O'Reilly and others Times, 02 April 2003; [2003] 1 WLR 1411
28 Feb 2003
QBD
Mackay J
Licensing
The premises consisted of a ground floor and basement. A music and dancing licence was in effect for part of the premises, but the appellant challenged the grant of a special hours certificate, based upon that licence, for the entire premises. Held: The special hours certificate should have been only for the part for which there existed the licence. The certificate was granted for premises 'for which a music and dancing licence is in force' The certificate was there only to support the licence. It was true that other means existed of supervising such premises, but that did not affect this issue. The concluding words of the section required the certificate to be restricted in this way.
Licensing Act 1964 77A(1)(a)(ii)
1 Citers


 
Westminster v Horseferry Road Justices and others [2003] EWHC 485 (Admin)
28 Feb 2003
Admn

Licensing

[ Bailii ]
 
Leeds City Council v Watkins, Whiteley Times, 09 April 2003; [2003] EWHC 598 (Ch)
25 Mar 2003
ChD
The Honourable Mr Justice Peter Smith
Licensing, Local Government
The authority sought to control local unlicensed Sunday markets. Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded a power to prevent a market operating did not work. This was a separate and self contained statutory scheme.
JohnLambert Neither arts 81 and 82 of the Treaty of Rome, nor s. 2 and s. 18 of the Competition Act 1998, prevent local authorities from enforcing their common law and statutory powers to regulate markets.
Part of the defence to a claim by the Council against operators of various car boot sales was that the authority had taken decisions, either on its own or in conjunction with other local councils who belonged to the National Association of British Market Authorities, that might affect trade, either within the UK or between the UK and other EC member states, so as to prevent or distort competition. The judge rejected that argument on the ground that neither the Association nor its member authorities were 'undertakings' within the meaning of art 81 EEC or s. 2 of the 1998 Act. Further, even if they had been 'undertakings', his lordship found no evidence of an agreement or concerted practice.
Similarly, the sale organisers had alleged that the City Council had abused a dominant position. Again, they failed to persuade his lordship that the Council had occupied a dominant position within the ECJ's definition in United Brands -v- Commission [1978] ECR 207. The judge found that even if it had been in a dominant position, the Council's conduct would not have amounted to abuse.
The intriguing aspect of this case is that it was decided entirely on the facts leaving open the possibility tat the arguments could still be good in law.
West Yorkshire Act 1980 - Leeds Corporation (Consolidation) Act 1905
[ Bailii ]
 
Bryan Haulage Ltd v Vehicle Inspectorate (No2) [Appeal 217/2002] [Appeal 217/2002]
1 Apr 2003
TT

Road Traffic, Licensing
(date?) "In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it has been common for findings to have been made along the lines of "I find your conduct to be so serious that I have had to conclude that you have lost your repute: accordingly, I have also to revoke your licence because the statute gives me no discretion." The effect of the Court of Appeal's judgment is that this two-stage approach is incorrect and that the sanction has to be considered at the earlier stage. Thus the question is not whether the conduct is so serious as to amount to a loss of repute but whether it is so serious as to require revocation. Put simply, the question becomes "is the conduct such that the operator ought to be put out of business?" On appeal, the Tribunal must consider not only the details of cases but the overall result."
1 Cites

1 Citers


 
Meikle v The Chief Constable of Strathclyde Police [2003] ScotSC 44
7 May 2003
ScSf
Sheriff Principal B A Kerr
Licensing
Shotgun license
[ Bailii ]
 
Mills-Owens, Regina (on the Application of) v Chief Constable of the Hampshire Constabulary [2003] EWHC 1306 (Admin)
13 May 2003
Admn

Licensing, Police

[ Bailii ]
 
Harry A Coff Ltd , Regina (on the Application Of) v Environment Agency [2003] EWHC 1305 (Admin)
13 May 2003
Admn

Environment, Crime, Licensing

Environment Protection Act 1990
[ Bailii ]
 
Regina (Mayer Parry Recycling Ltd) v Environment Agency and Another; Corus (UK) Ltd and Another, Interveners C-444/00; Times, 14 July 2003; [2003] EUECJ C-444/00; [2004] Env LR 6; [2004] 1 WLR 2644
19 Jun 2003
ECJ
Advocate General Alber
Environment, European, Licensing
The applicants took in ferrous scrap, sorted and cut it, selling it on to processors who would use the material in a second stage recycling process to produce ingots. The claimed entitlement to credit under the regulations. Held: The second stage was a recycling process, but the first was not. A reprocessor was someone carrying out the process of recovery or recycling. 'Recycling' means reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling, but excluding energy recovery'. The provision of the 94 Directive were lex specialis as regards the earlier Directive, and it related to packaging waste only. Such packaging waste had to be worked to enable new material or product to be made from it with characteristics comparable to those of the material from which it was derived.
Advocate General Alber said: "The Court of Justice has thus refused to make classification of a material as waste dependent on its economic value, its fitness for reuse . . or the environmental hazards posed by it . . The holder's conduct can be appraised only with regard to his intentions, a fact which causes the body applying the law considerable difficulties.
The Court of Justice solves this problem by inferring an intention to discard the substance from objective indicators; in doing so it has regard both to all the factual circumstances and to the aim of the waste Directive . .''
Waste Management Licensing Regulations 1994 (1994/1056) - Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (1997 No 648) - Council Directive 94/96/EC of December 20 1994 on packaging and packaging waste regulations
1 Citers

[ Bailii ]
 
T-Mobile (Uk) Ltd and Others, Regina (on the Application Of) v Competition Commission and Another [2003] EWHC 1566 (Admin)
27 Jun 2003
Admn

Licensing, Utilities

[ Bailii ]
 
Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v the Competition Commission, the Director-General of Telecommunications [2003] EWHC 1555 (Admin)
27 Jun 2003
Admn
The Honourable Mr Justice Moses
Licensing, Media
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile phone users. They were being asked to subsidise such users. There was some social purpose in encouraging mobile phone use, but the policy of limiting such termination fees was not unreasonable. The power to control such charges arose when an operator came to enjoy a position equivalent to dominance, and even on those not so designated. The Commission’s and the Director’s interpretation of Section 3(1)(a) was not unlawful; a broad interpretation, including concepts of equity and fairness was legitimate.
Directive 2002/19 - Directive 2002/20 - Directive 2002/21 - Telecommunications Act 1984 3
1 Cites

[ Bailii ]
 
Westminster City Council v O'Reilly and others Times, 21 August 2003; Gazette, 11 September 2003; [2004] 1 WLR 195
1 Jul 2003
CA
Auld LJ
Licensing, Litigation Practice
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the clear ouster of jurisdiction contained in the 1981 Act.
Auld LJ said: "the words of Section 28A and of Section 18 of the 1981 Act mean what they say. When a decision is declared final by statute, then this court [the Court of Appeal] has no jurisdiction to hear it by virtue of that provision and by Section 18 of the 1981 Act"
Supreme Court Act 1981 18 28A - Magistrates Courts Act 1980 111 - Access to Justice Act 1999 (Destination of Appeals) Order 2000 (2000 No 1071) 5
1 Cites

1 Citers


 
Horseferry Road Justices and others v City of Westminster [2003] EWCA Civ 1007
1 Jul 2003
CA

Licensing

1 Citers

[ Bailii ]
 
Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers' Market Ltd [2003] EWCA Civ 1056; Times, 25 August 2003; [2004] 1 WLR 233
21 Jul 2003
CA
Lord Justice Dyson, Lord Justice Longmore and Sir Martin Nourse
Local Government, Licensing, Judicial Review
The applicant had been refused a licence to operate within the farmer's market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land to which the public had access, the company was set up by the council using statutory powers and it stepped into the council's shoes performing the same functions as the council had previously performed. From the start the council assisted the company by providing facilities and finance. The company was established to take over on a non profit basis the running of markets previously operated by the council in the exercise of its statutory power in what was considered to be the public interest. In that light, the company having taken over a public function, retained a sufficient element of the exercise of a public function to make its decisions susceptible to judicial review: "unless the source of power clearly provides the answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law."
Dyson LJ said: "It seems to me that the law has now been developed to the point where, unless the source of power clearly provides an answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law. It may be said with some justification that this criterion for amenability is very broad, not to say question-begging. But it provides the framework for the investigation that has to be conducted. There is a growing body of case law in which the question of amenability to judicial review has been considered. From these cases it is possible to identify a number of features which point towards the presence or absence of the requisite public law element".
1 Cites

1 Citers

[ Bailii ]
 
Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs [2003] EWHC 1743 (Admin)
22 Jul 2003
Admn
Collins J
Licensing, Agriculture, Human Rights
The respondent had failed to renew the claimant's license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private law cause of action, which may be for breach of statutory duty or at common law. The claimant sought to bring its claim within the 1998 Act, saying the convention requires a state to give rights to those within their jurisdiction, but the ambit of the Act had not been extended to South Georgia, and so no action arose. A licence to carry out an economic activity could amount to a possession within the meaning of Article 1PI.
Convention on the Conservation of Antarctic Marine Living Resources - Human Rights Act 1998 7 - European Convention on Human Rights
1 Cites

1 Citers

[ Bailii ]
 
Powell v Swansea [2003] EWHC 2185 (Admin)
30 Jul 2003
Admn

Licensing

[ Bailii ]
 
Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others [2003] EWHC 1937 (Admin); Times, 01 September 2003
31 Jul 2003
Admn
The Honourable Mr Justice Owen
Licensing, Human Rights
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights. Held: The purpose behind the application for the special removal of the on-licence so as to allow a grant to themselves was not an abuse of process. The removal of a licence might infringe the rights of the claimants as neighbours under article 8. the proceedings were a determination of those rights under article 6, but to the extent that it did, any such interference was proportionate. Remedies and protections were provided.
Licensing Act 1964 15 - European Convention on Human Rights 8
1 Cites

1 Citers

[ Bailii ]
 
Sporting Options Plc, Regina (on the Application Of) v Horserace Betting Levy Board [2003] EWHC 1943 (Admin)
31 Jul 2003
Admn
Mr Justice Hooper
Licensing, Taxes - Other
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly. Held: The procedure followed in settling the levy was unsatisfactory. The claimant would be adversely affected by the structure proposed, but had not been allowed a proper part in the consultation. The decision might have been quashed but for the fact that declaratory relief only had been sought.
Betting Gaming and Lotteries Act 1963 55
1 Cites

[ Bailii ]
 
Luminar Leisure Ltd v Norwich Crown Court [2003] EWHC 2227 (Admin); Times, 14 October 2003
3 Oct 2003
Admn
The Honourable Mr Justice Stanley Burnton
Licensing
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours. Held: The purpose of the licensee must be that the supply of liquor will be ancillary to the provision of music and dancing and substantial refreshment. The licensee's purpose will not be that there are to be ancillary sales of liquor if, to take a clear case, his purpose is, taking the permitted hours as a whole, that the majority of persons should purchase liquor without using the facilities for music and dancing and substantial refreshment. The intentions of those using the premises may not be directly relevant to the questions arising under section 77, but where there are other similar premises run by the same proprietor (as in the present case), what occurs at those premises may be relevant to any issue as to the purpose for which the instant premises are to be used. The sale of liquor is not ancillary if it is on the whole independent of the provision of music and dancing and substantial refreshment. The Crown Court had erred in law, and the case was remitted to the magistrates for a rehearing.
Licensing Act 1964 77
1 Cites

1 Citers

[ Bailii ]
 
Gonis and Another, Regina (on the Application Of) v Westminster City Council [2003] EWHC 2476 (Admin)
17 Oct 2003
Admn

Local Government, Licensing

[ Bailii ]
 
Oddy, Regina (on the Application of) v Bugbugs Ltd [2003] EWHC 2865 (Admin)
12 Nov 2003
Admn

Crime, Licensing, Road Traffic
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and therefore not requiring a licence under section 7. Held: It was not possible to argue that the statute made a disrtinction between stage carriages and private hire vehicles according to whether they took up and set down passengers on a route. Regulations which might have made such a distinction had never been made. The defendant could only properly be said to have solicited fares required some form of invitation to a prospective hirer. That evidence was absent, and the appeal failed.
Criminal Justice and Public Order Act 1994 164 - Metropolitan Public Carriage Act 1869 7
1 Cites

[ Bailii ]

 
 Vehicle and Operator Services Agency v George Jenkins Transport Ltd; Admn 20-Nov-2003 - [2003] EWHC 2879 (Admin); Times, 05 December 2003
 
National Association of Health Stores and Another v Secretary of State for Health and Another [2003] EWHC 3133 (Admin)
19 Dec 2003
Admn

Consumer, Health, Licensing

Medicines Act 1968 168
1 Citers

[ Bailii ]
 
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