Regina (Harpers Leisure International Ltd) v Guildford Borough Council: QBD 13 Jul 2009

The claimant wanted to argue that proceedings before the respondent’s licensing sub-committee were an abuse of process. The committee had said it had no jurisdiction to admit such a clam.
Held: Any such power in an administrative tribunal must be given explicitly by whatever statute created it. A power could not be implied by law and were not inherent. Admission of such a power would allow proceedings to be waylaid by what might be a collateral attack.

Judges:

Charles J

Citations:

Times 14-Aug-2009

Statutes:

Licensing Act 2003 51

Jurisdiction:

England and Wales

Licensing, Natural Justice

Updated: 26 May 2022; Ref: scu.372845