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: 2004 To: 2004
This page lists 17 cases, and was prepared on 02 April 2018.
Regina v Rothschild and RH Tomlinson Ltd [2004] EWCA 3320
2004
CACD
Licensing, Environment
It would be a contravention of a waste management licence requiring controlled waste not to be stored at a height greater that specified, to have a mound greater that that height containing an admixture of controlled and uncontrolled waste.
1 Citers
Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others [2004] EWHC 446 (Admin)
15 Mar 2004
Admn
Lightman J
Licensing, Human Rights
Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim's Bar were not "occupied" or about to be "occupied" for a "public purpose" within the meaning of section 15(1)(a).
Licensing Act 1964 15
1 Cites
1 Citers
[ Bailii ]
Lancashire Constabulary, Regina (on the Application Of) v Reedley Magistrates Court [2004] EWHC 677 (Admin)
19 Mar 2004
Admn
Licensing, Police, Costs
[ Bailii ]
Stewart v Perth and Kinross Council [2004] UKHL 16; Times, 06 April 2004; [2004] 28 SLLP 32; 2004 SCLR 849; 2004 GWD 12-273; 2004 SLT 383
1 Apr 2004
HL
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
Licensing, Local Government, Consumer
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements. Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. "The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities." Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Civic Government (Scotland) Act 1982 - Sale of Goods Act 1979 13
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Johnson, Regina (on the Application Of) v Reading Borough Council [2004] EWHC 765 (Admin)
6 Apr 2004
Admn
Licensing, Road Traffic
Challenge to increase in number of taxi licenses.
[ Bailii ]
Norwich Crown Court and others v Luminar Leisure [2004] EWCA Civ 281; Times, 23 April 2004
7 Apr 2004
CA
Peter Gibson, Laws, Longmore LJJ
Licensing
Objections were raised to the grant of a special hours licence. Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; that some customers might only drink would not defeat an application; the use to which it was ancillary was the whole day's hours, because the certificate stood in the place of the ordinary license; and it was not to be used to create a late night pub. The license stood.
Licensing Act 1964 77
1 Cites
[ Bailii ]
Kapper C-476/01; [2004] EUECJ C-476/01; [2004] ECR I-5205
29 Apr 2004
ECJ
Road Traffic, Licensing
(Judgment) Directive 91/439/EEC - Mutual recognition of driving licences - Residence requirement - Article 8(4) - Effects of withdrawal or cancellation of a previous driving licence - Recognition of a new driving licence issued by another Member State
[ Bailii ]
London Borough of Haringey and Another v Marks and Spencer Plc and Another [2004] EWHC 1141 (Admin)
5 May 2004
Admn
Licensing
Sale of alcohol to under 18s
[ Bailii ]
West End Street Traders' Association and Another, Regina (on the Application of) v City of Westminster [2004] EWHC 1167 (Admin)
21 May 2004
Admn
Leveson J
Local Government, Licensing
The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost. Held: The authority was obliged to seek to cover its costs. It was within the discretion of the authority to make a general charge rather than to charge for services according to use.
City of Westminster Act 1999 22(11)
1 Cites
[ Bailii ]
London Borough of Haringey v Michniewicz Times, 08 July 2004; [2004] EWHC 1728 (Admin)
14 Jun 2004
Admn
Rose LJ, Holland J
Crime, Licensing
The defendant was accused of unlicensed street trading. He had placed a car on the street with a sign to say that it was for sale. Held: The offering of just one vehicle was sufficient to constitute the offence.
London Local Authorities Act 1990 38
1 Citers
[ Bailii ]
Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others [2004] EWCA Civ 767; Times, 09 July 2004
25 Jun 2004
CA
Sir Martin Nourse Kay, Lord Justice Kay Lord Justice Jacob
Licensing
The applicant sought special removal of a justices on-licence from former premises to its new premises. Held: The special removal procedure was limited to circumstances of urgency. The applicant had to show that the circumstances fell within the section, and that the premises were about to be pulled down or occupied. The section did not mention an imminent compulsory purchase order, and nor did the acquisition of the prooperty under a CPO amount to occupation where the property remained vacant. The magistrates had to be kept informed of the exact suituation at the date of the application.
Licensing Act 1964 15
1 Cites
1 Citers
[ Bailii ]
Rindberg Holding Company Ltd v The Newcastle Upon Tyne Justices and others [2004] EWHC 1903 (Admin)
19 Jul 2004
Admn
Licensing
[ Bailii ]
Cummings v Cardiff County Council [2004] EWHC 2295 (Admin)
27 Oct 2004
Admn
Local Government, Licensing
Licensing of taxis - removal of limit on hackney carriage licences destroying value of existing licences.
1 Citers
[ Bailii ]
Brentwood Borough Council v Gladen [2004] EWHC 2500 (Admin); Times, 01 November 2004; [2005] RTR 12
28 Oct 2004
Admn
Collins J
Licensing, Transport
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator's licence under section 55 of the 1976 Act contrary to section 46(1)(d) and (2). The council appealed by way of case stated dismissal of their prosecutions under the Act of Mr Gladen for providing pre-booked private hire. The prosecution claimed he needed a license as a private hire operator in addition to the license he had under the 1847 Act. Held: The District Judge had been correct. Section 46(1)(d) is not breached where a licensed hackney carriage and a licensed hackney carriage driver is provided for the relevant conveyance of a passenger, albeit it is provided through an operator. In those circumstances, an operator's licence under section 55 of the Act is not appropriate, since that section does not cover hackney carriages.
Local Government (Miscellaneous Provisions) Act 1976 55 - Town Police Clauses Act 1847
1 Cites
1 Citers
[ Bailii ]
Mitchells and Butlers Retail Ltd and Another, Re Judicial Review [2004] ScotCS 244
5 Nov 2004
SCS
Lord Mackay Of Drumadoon
Licensing
Judicial Review of a policy decision of 8 September 2004 by Aberdeen City Licensing Board prescribing minimum prices for the sale of alcohol
[ Bailii ] - [ ScotC ]
Darlington Borough Council v Kaye [2004] EWHC 2836 (Admin)
7 Dec 2004
Admn
Licensing
Appeal against refusal of renewal of hackney carriage licence
[ Bailii ]
Birmingham City Council and Another v Yardley [2004] EWCA Civ 1756
9 Dec 2004
CA
Licensing, Contempt of Court
[ Bailii ]