Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure to consult, and the obstruction of their rights of establishment under European law.
Held: To the extent that the application form as originally designed was incompatible with the Treaty, it had been amended. That some artists might have originally been deterred from applying was insufficient on its own to justify a review. Some consultation had taken place, and the practical difficulties in a consultation were not insuperable. However the traders were already acting unlawfully, and therefore they could have no legitimate expectation that they should be consulted.
Judges:
Kay J
Citations:
[2000] EWHC Admin 407
Links:
Statutes:
City of Westminster Act 1999, EC Treaty 43
Jurisdiction:
England and Wales
Citing:
Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Cited – Regina v Tower Hamlets London Borough Council, ex parte Kayne-Levenson CA 1975
There is a clear public interest in the regulation of street markets. . .
Cited – Regina v Southwark Crown Court ex parte Watts CA 1991
A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson CA 22-Feb-1993
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow . .
Cited – Regina v Rochdale Metropolitan Borough Council, ex parte Schemet QBD 1993
The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those . .
Lists of cited by and citing cases may be incomplete.
Licensing, Local Government, European
Updated: 28 May 2022; Ref: scu.140223