A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy had the meaning contended for by the claimant, even though that had not been the meaning intended by the defendant council, and: ‘I also accept Mr Hunter’s [counsel for the claimant] submission that publishing a policy that meant something other than what was intended rendered that policy susceptible to judicial review. Policies are a means of promoting consistency while not fettering the discretion of a public body . . ‘
Citations:
[2001] EWHC Admin 754
Links:
Jurisdiction:
England and Wales
Citing:
Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited by:
Cited – The British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Appeal from – Chorion Plc v Westminster City Council CA 5-Mar-2002
renewed application for permission to appeal – costs after withdrawal of application for judicial review. . .
See Also – Regina (on the Application of Chorion Plc) v Westminster City Council CA 30-Jul-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Licensing
Updated: 12 April 2022; Ref: scu.167238
