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 requirements of European Law and did not restrict his right of establishment. ‘In our judgment the scope of freedom of establishment is indicated by the provision of article [52] itself that it ‘shall include the right to take up and pursue activities as self employed persons . . under the conditions laid down for its own nationals by the law of the country where such establishment is effected . . ‘ There is nothing to suggest that nationals of other member States are not entitled to apply for and exercise licences on the same conditions as apply to the appellant. In so doing such nationals are not hindered by any prescribed conditions . . the provisions governing licence holders apply to all of them without distinction, and there is nothing to suggest they were adopted for discriminatory purposes . . On this topic [viz. discrimination by being disadvantaged] the judge was content to hold that `Provided a national of a member State can compete on equal terms for a stall’ there is no discrimination. We agree. The Act has no discriminatory effect, and is in our judgment not incompatible with Article 52.’
Judges:
Russell LJ
Citations:
Gazette 15-Jan-1992, (1991) 4 Admin LR 289
Statutes:
London County Council (General Powers) Act 1947 21, EC Treaty 30 34 52
Jurisdiction:
England and Wales
Citing:
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 by:
Cited – Regina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
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 . .
Lists of cited by and citing cases may be incomplete.
Licensing, European
Updated: 25 May 2022; Ref: scu.88095
