Hemming and Others v Westminster City Council and Others: ECJ 16 Nov 2016

Charges for processing application for licence

ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred

L. Bay Larsen, P
[2016] WLR(D) 608, [2016] EUECJ C-316/15, ECLI:EU:C:2016:879
Bailii, WLRD
Directive 2006/123/EC
European
Citing:
ReferenceHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At CAHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .

Cited by:
At ECJHemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council SC 19-Jul-2017
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 11 November 2021; Ref: scu.571774

Regina v Gaming Board for Great Britain, ex Parte Benaim: CA 23 Mar 1970

A Gaming Club, Crockfords, sought the restoration of its gaming licence. It had historically found ways of circumventing the earlier Gaming Acts restrictions. The 1968 Act created the Gaming Board to assess their probity. They challenged the refusal saying that the hearing had not observed the rules of natural justice.
Lord Denning MR said: ‘Seeing the evils that have led to this legislation, the Board can and should investigate the credentials of those who make application to them. They can and should receive information from the police in this country or abroad, who know something of them. They can, and should, receive information from any other reliable source. Much of it will be confidential. But that does not mean that the applicants are not to be given a chance of answering it. They must be given the chance, subject to this qualification? I do not think they need tell the applicant the source of their information, if that would put their informant in peril: or otherwise be contrary to the public interest. Even in a criminal trial, a witness cannot be asked who is his informer. ‘

Lord Denning MR, Wilberforce L, Phillimore LJ
[1970] EWCA Civ 7, [1970] 2 QB 417, [1970] 2 All ER 528, [1970] 2 WLR 1009
Bailii
Gaming Act 1960, Gaming Act 1963, Gaming Act 1968
England and Wales

Licensing, Natural Justice

Leading Case

Updated: 10 November 2021; Ref: scu.262770

Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 30 Apr 2014

ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to conduct a business, right to property, right to an effective remedy and access to an impartial tribunal, ne bis in idem principle – Article 51 – Scope – Implementation of European Union law – Games of chance – Restrictive legislation of a Member State – Administrative and criminal penalties – Overriding reasons in the public interest – Proportionality
M Ilesic P
ECLI:EU:C:2014:281, [2014] EUECJ C-390/12
Bailii
Charter of Fundamental Rights of the European Union 15 16 17 50, TFUE 56
European
Citing:
OpinionRobert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner ECJ 14-Nov-2013
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.583966

ABC Ltd and Another v HM Revenue and Customs: CA 7 Jul 2017

Temporary approval pending appeal was preferred

The company challenged refusal of fit and proper approval for registration as wholesaler of duty paid alcohol.
Held: The appeals were allowed in part. HMRC, having once concluded that the applicant was not fit and proper was not free to approve them pending their appeal. Better was a temporary approval under the 1979 Act
Patten, King, Burnett LJJ
[2017] EWCA Civ 956, [2017] WLR(D) 463, [2018] 1 WLR 1205
Bailii, WLRD
Alcoholic Liquor Duties Act 1979 88C, Commissioners of Revenue and Customs Act 2005 9
England and Wales
Cited by:
Appeal fromOWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs SC 19-Jun-2019
. .
CitedJJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.588986

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him.
Held: The information requested was plainly within the scope of an officer to whom this task had been delegated, and the authority’s appeal succeeded.
[2005] EWHC 1613 (Admin)
Bailii
Local Government (Miscellaneous Provisions) Act 1976 57(3), Local Government Act 1972 101
England and Wales
Citing:
CitedRegina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices Admn 30-May-2002
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not . .
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .

These lists may be incomplete.
Updated: 21 May 2021; Ref: scu.229310

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health and social harms resulting from extremely heavy drinking in deprived communities was an element of targeted thinking behind the 2012 Act. The Policy Memorandum also discounted a straightforward increase in excise tax as it ‘would impact on high price products as well as cheap ones and so would have a proportionately greater effect on moderate drinkers than a minimum price’.
The Court of Session had made a judgment it was entitled to reach on the information before it.
The effect of the ECJ judgment was that, where a national court examines national legislation in the light of the justification relating to the protection of health under article 36 TFEU it is bound to examine objectively whether it may reasonably be concluded from the evidence submitted by the Member State concerned that the means chosen are appropriate for the attainment of the objectives pursued and whether it is possible to attain those objectives by measures that are less restrictive of the free movement of goods and of the CMO.
Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hodge
[2017] UKSC 76, 2017 GWD 37-566, [2017] UKSC 76, [2018] LLR 198, 2018 SCLR 102, [2018] 2 CMLR 6, 2017 SLT 1261, UKSC 2017/0025
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2017 Jul 24am Video, SC 2017 Jul 24pm Video, SC 2017 ul25am Video, SC 2017 ul25pm Video
Alcohol (Minimum Pricing) (Scotland) Act 2012, Directive 92/84/EEC
Scotland
Citing:
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
At ECJScotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
CitedCommission v Italy (Free Movement Of Goods) ECJ 10-Feb-2009
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .
CitedBerlington Hungary And Others v Magyar Allam ECJ 11-Jun-2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Games of chance – National taxes on the operation of slot machines in amusement arcades – National legislation national . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
CitedRecovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
CitedCommission v France C-434/97 ECJ 24-Feb-2000
(Rec 2000,p I-1129) Judgment) Action for failure to fulfil obligations – Directive 92/12/EEC – Specific tax levied on beverages with a high alcohol content
The Court summarised the difference between VAT and excise as being that the former is . .
CitedBernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) ECJ 24-Nov-1993
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods.
Europa Free movement of goods – Quantitative restrictions – . .
CitedGroupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA ECJ 11-Aug-1995
European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.
Trade between Member States is not likely to be impeded, . .
CitedTransportes Jordi Besora, SL v Tribunal Economico Administrativo Regional De Cataluna ECJ 27-Feb-2014
Indirect taxes – Excise duties – Directive 92/12/EEC – Article 3(2) – Mineral oils – Tax on retail sales – Concept of ‘specific purpose’ – Transfer of powers to the Autonomous Communities – Financing – Predetermined allocation – Health-care and . .
CitedTallinna Ettevotlusamet v Statoil Fuel and Retail ECJ 5-Mar-2015
ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – Excise duties -Directive 2008/118/EC – Article 1(2) – Liquid fuel subject to excise duty – Sales tax – Concept of ‘specific purpose’ – . .
At IHCSThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.599383

HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 17 Apr 2012

ECJ (Freedom To Provide Services) Opinion – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on its territory, advertising of casinos located in other States where the level of legal protection for gamblers in the State concerned is not considered to be equivalent to the level of protection under domestic law
Mazak AG
C-176/11, [2012] EUECJ C-176/11
Bailii
European
Cited by:
OpiniomHIT and HIT Larix v Bundesminister fur Finanzen ECJ 12-Jul-2012
Freedom To Provide Services – Article 56 TFEU – Restriction on the freedom to provide services – Games of chance – Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for . .

These lists may be incomplete.
Updated: 19 April 2021; Ref: scu.463198

Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012

The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act.
Foskett J
[2012] EWHC 1539 (Admin), [2013] PTSR 154
Bailii
Town Police Clauses Act 1847 37, Local Government (Miscellaneous Provisions) Act 1976 47
England and Wales

Updated: 11 April 2021; Ref: scu.459883

In Re Senator Hanseatische Verwaltungsgesellschaft Mbh and Another: CA 30 Jul 1996

The Secretary of State had presented a winding up petition on public interest grounds against a company carrying on an illegal lottery.
Held: The court refused the application of the Secretary of State for the appointment of a provisional liquidator; instead he granted injunctions. It was necessary to procure the cessation of the company’s business but Millett LJ indicated that he thought that the appointment of a provisional liquidator would have been preferable as putting ‘in place an independent officer of the court to take charge of the company’s activities pending the hearing of the petition…’. Chain operation, a money business club which operated without actually selling goods is in effect a lottery and requires regulation accordingly.
Sir Richard Scott V-C, Millett LJ
Times 30-Jul-1996, [1997] 1 WLR 515
Insolvency Act 1986 124A
England and Wales
Cited by:
CitedIn the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986 ChD 19-Mar-2004
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour.
Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but . .

These lists may be incomplete.
Updated: 11 April 2021; Ref: scu.82190

Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald: CA 27 Mar 1996

An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act.
Gazette 24-Apr-1996, Times 27-Mar-1996
London Government Act 1963
England and Wales
Citing:
Appeal fromRegina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. . .

Cited by:
Appealed toRegina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. . .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.86166

Martine v South East Kent Health Authority: CA 22 Mar 1993

The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages.
Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: ‘it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances’ and that if in any circumstances the checks and balances should fail ‘negligence as a tort could not be, and should not be, invoked as the remedy.’
Leggatt LJ said: ‘The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence.’
Dillon LJ, Leggatt LJ
Ind Summary 22-Mar-1993, (1993) 20 BMLR 51, Times 08-Mar-1993
Registered Homes Act 1984 30
England and Wales
Cited by:
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.83452

Regina v Burt and Adams Ltd: CACD 22 Nov 1995

A right to exchange gaming token was no offence, and nor was allowing the accumulation of prizes.
Times 22-Nov-1995
Gaming Act 1968 34(3) 34(8)
England and Wales
Citing:
Appealed toRegina v Burt and Adams Ltd HL 2-Apr-1998
Prizes from gaming machines which were limited to prizes of six pounds per game could be lawfully accumulated by gamers under management rules for larger prizes . .

Cited by:
Appeal fromRegina v Burt and Adams Ltd HL 2-Apr-1998
Prizes from gaming machines which were limited to prizes of six pounds per game could be lawfully accumulated by gamers under management rules for larger prizes . .

These lists may be incomplete.
Updated: 26 March 2021; Ref: scu.86255

Mixnams Properties Ltd v Chertsey Urban District Council: HL 1965

The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends to empower a third party to make conditions which regulate the terms of contracts to be made between others then, even where there is an appeal to a court of law against such conditions, it must do so in clear terms. Viscount Dilhorne: ‘In the present case there appears to me to be a fundamental difference between prescribing what must or must not be done on a site and restricting the site owner’s ordinary freedom to contract with his licensees on matters which do not relate to the manner of use of the site. Conditions can make the site owner responsible for the proper use of the site and it is then for him to make such contracts with his licensees as the general law permits. I can find nothing in the Act of 1960 suggesting any intention to authorise local authorities to go beyond laying down conditions relating to the use of sites, and in my opinion the general words in section 5 cannot be read as entitling them to do so.’
Lord Upjohn, Viscount Dilhorne
[1965] AC 735
Caravan Sites and Control of Development Act 1960
England and Wales
Cited by:
CitedStewart v Perth and Kinross Council HL 1-Apr-2004
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 . .
CitedAberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited SC 25-Oct-2017
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development.
Held: The appeal failed. . .

These lists may be incomplete.
Updated: 20 March 2021; Ref: scu.195471

Zeturf Ltd v Premier Ministre: ECJ 30 Jun 2011

ECJ Freedom To Provide Services – Off-Course Betting – Scheme giving exclusive rights to manage off-course betting on horseracing – Article 49 EC – Restriction on the freedom to provide services – Overriding reasons in the public interest – Objectives of combating gambling addiction and fraudulent and criminal activities and of contributing to rural development – Proportionality – Restrictive measure to be aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Operator pursuing a dynamic commercial policy – Measured advertising policy – Assessment of the restriction on marketing by traditional channels and by the internet.
C-212/08, [2011] EUECJ C-212/08, [2012] Bus LR 1715
Bailii
European

Updated: 13 March 2021; Ref: scu.441524

MS Regina (on The Application of) v The Independent Monitor of The Home Office and Another: Admn 18 Apr 2016

The applicant challenged the disclosure of old allegations of criminal behaviour on his application for an Enhanced Criminal Records Bureau Certificate in support of his application for a hackney carriage license.
Blair QC HHJ
[2016] EWHC 655 (Admin), [2016] 4 WLR 88, [2016] WLR(D) 233
Bailii, WLRD
Police Act 1997 113B(4)
England and Wales

Updated: 11 March 2021; Ref: scu.562906

Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017

The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all in the event succeeded, and I can call them ‘the licence holders’.
Held: During the year at issue, the fault as only in requiring a contribution to the costs of running the scheme at the time of the application for the licence. A similar fee at the time of the grant of a licence was not invalid. The balance as remitted to the Administrative court.
‘The scheme which the council operated was only defective in so far as it required payment up front at the time of the application. Its invalidity was limited. Contrary to the respondents’ case, European law permits a fee to cover the costs of running and enforcing the licensing scheme becoming due upon the grant of a licence. There is no imperative under European law, as incorporated domestically by the 2009 Regulations, to treat the whole scheme as invalid, rather than to invalidate it to the extent of the inconsistency’
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson
[2017] UKSC 50, [2017] WLR(D) 553, [2018] AC 676, [2017] 3 WLR 342, [2017] PTSR 1020, UKSC 2013/0146
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC, SC Summary, SC Summary Video, SC 20170511 am Video
Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009 (SI 2009/2999)
England and Wales
Citing:
At CAHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At SC (1)Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At ECJHemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .
CitedLady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 6-Sep-2011
Refusal to reimburse a tax paid in error – Unjust enrichment arising from the link between the introduction of that tax and the abolition of other taxes . .
CitedDirector of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
CitedLady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 7-Dec-2010
ECJ (Opinion) Taxes do not conform to National Union law – Repayment – Refusal – Repercussion – Unjust enrichment – Compensation for illegal tax by the simultaneous removal of other statutory charges – Internal . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.590446

Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012

The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system.
Held: The claim succeeded. The council’s Licensing Sub-Committee had failed to determine any yearly fee after 7 September 2004 (when it determined the fee for the year ended 31 January 2005 and no more) until 5 January 2012 (when it determined the fee for the year ended 31 January 2013). All that had happened in the intervening years was that the council’s officers had simply assumed that the same fee as set on 7 September 2004 continued to apply and had charged licence applicants accordingly.
Keith J
[2012] EWHC 1260 (Admin), [2012] PTSR 1676
Bailii
Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market
England and Wales
Citing:
CitedRegina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
CitedRegina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
CitedRegina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
CitedWaikato Regional Airport Ltd and others v Attorney General PC 30-Jun-2003
PC New Zealand . .

Cited by:
Appeal fromHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At First InstanceHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.457760

Cambridge City Council, Regina (On the Application of) v Alex Nestling Ltd: Admn 17 May 2006

[2006] EWHC 1374 (Admin)
Bailii
England and Wales
Cited by:
CitedPerinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
perinpanathanCA2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.376250

Hall and Woodhouse Ltd v The Borough and County Of the Town Of Poole: Admn 3 Apr 2009

Appeal by way of case stated from a decision of District Judge Pattinson sitting at the Bournemouth Magistrates Court by which he found the appellant, Hall and Woodhouse Limited, guilty of four offences under section 136(1)(a) of the Licensing Act 2003
[2009] EWHC 1587 (Admin), (2009) 173 JP 433, [2010] PTSR 741
Bailii
England and Wales

Updated: 17 February 2021; Ref: scu.347741

Bocardo Sa v Star Energy UK Onshore Ltd and Another: ChD 24 Jul 2008

The defendant had obtained a licence under the Act to extract oil from beneath its land. To do so, it had to drill at a deep level under the claimant’s land. It did so without the claimant’s permission. The claimant sought damages in trespass.
Held: The intrusion was a trespass. Damages were awarded based on the licence fees which might have been charged.
Peter Smith J
[2008] EWHC 1756 (Ch), [2008] 2 P and CR 23, [2009] 1 All ER 517, [2008] NPC 99, [2008] 30 EG 83
Bailii
Petroleum (Production) Act 1934
England and Wales
Cited by:
Appeal fromStar Energy UK Onshore Ltd and Another v Bocardo Sa CA 15-Jun-2009
The appellant had taken out a licence to drill for oil on its land. To maximise its return it drilled at a deep level out under the claimant’s land. It now appealed against a finding that this was a trespass, and that it should pay damages on a . .
At First InstanceStar Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .

These lists may be incomplete.
Updated: 09 February 2021; Ref: scu.271040

Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another: ChD 10 Nov 2005

The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the patent in a timely fashion meant that they had been unable to recover losses despite the licence.
Peter Smith J
[2005] EWHC 2481 (Ch)
Bailii
England and Wales
Citing:
CitedCook v Swinfen 1966
. .
CitedVision Golf v Weightmans (a Firm) ChD 26-Jul-2005
The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm . .
CitedGovernors of the Hospital of Sick Children v McLaughlin and Harvey plc 1987
. .

These lists may be incomplete.
Updated: 25 January 2021; Ref: scu.234713

Cummings v Cardiff County Council: Admn 27 Oct 2004

Licensing of taxis – removal of limit on hackney carriage licences destroying value of existing licences.
[2004] EWHC 2295 (Admin)
Bailii
England and Wales
Cited by:
Appeal FromCummings, Regina (on the Application of) v Cardiff County Council CA 11-Jul-2005
Appeal against a decision refusing Mr Cummings judicial review of a decision of the Cardiff County Council to remove the restriction on the number of hackney carriage licences in Cardiff. . .

These lists may be incomplete.
Updated: 21 January 2021; Ref: scu.218857

Kapper: ECJ 29 Apr 2004

(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
C-476/01, [2004] EUECJ C-476/01, [2004] ECR I-5205
Bailii

Updated: 13 January 2021; Ref: scu.196660

Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004

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.
Peter Gibson, Laws, Longmore LJJ
[2004] EWCA Civ 281, Times 23-Apr-2004
Bailii
Licensing Act 1964 77
England and Wales
Citing:
Appeal fromLuminar Leisure Ltd v Norwich Crown Court Admn 3-Oct-2003
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours.
Held: The purpose of the licensee must be that the . .
CitedRichards v Bloxham (Binks) QBD 1968
The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate.
Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours . .
CitedRegina v Stafford Crown Court ex parte Shipley CA 12-Dec-1997
The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours . .
CitedNorthern Leisure Plc v Schofield and Baxter QBD 3-Aug-2000
The case concerned a night club. The principal question was whether it was necessary, for a special Hours Certificate (SHC) to be granted, for music and dancing and substantial refreshment to be provided at the same time throughout the permitted . .

These lists may be incomplete.
Updated: 12 January 2021; Ref: scu.195638

Leeds City Council v Watkins, Whiteley: ChD 25 Mar 2003

The authority sought to control local unlicensed Sunday markets.
Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded a power to prevent a market operating did not work. This was a separate and self contained statutory scheme.
JohnLambert Neither arts 81 and 82 of the Treaty of Rome, nor s. 2 and s. 18 of the Competition Act 1998, prevent local authorities from enforcing their common law and statutory powers to regulate markets.
Part of the defence to a claim by the Council against operators of various car boot sales was that the authority had taken decisions, either on its own or in conjunction with other local councils who belonged to the National Association of British Market Authorities, that might affect trade, either within the UK or between the UK and other EC member states, so as to prevent or distort competition. The judge rejected that argument on the ground that neither the Association nor its member authorities were ‘undertakings’ within the meaning of art 81 EEC or s. 2 of the 1998 Act. Further, even if they had been ‘undertakings’, his lordship found no evidence of an agreement or concerted practice.
Similarly, the sale organisers had alleged that the City Council had abused a dominant position. Again, they failed to persuade his lordship that the Council had occupied a dominant position within the ECJ’s definition in United Brands -v- Commission [1978] ECR 207. The judge found that even if it had been in a dominant position, the Council’s conduct would not have amounted to abuse.
The intriguing aspect of this case is that it was decided entirely on the facts leaving open the possibility tat the arguments could still be good in law.
The Honourable Mr Justice Peter Smith
Times 09-Apr-2003, [2003] EWHC 598 (Ch)
Bailii
West Yorkshire Act 1980, Leeds Corporation (Consolidation) Act 1905
England and Wales

Updated: 09 January 2021; Ref: scu.180328

City of Edinburgh Council v Decision of Scottish Ministers and Co: SCS 24 May 2001

The reporter’s decision that a licensed restaurant constituted ‘similar licensed premises’ to a public house, within the meaning of a policy, was vitiated by her misunderstanding of the policy: the context was one in which a distinction was drawn between public houses, wine bars and the like, on the one hand, and restaurants, on the other.
[2001] ScotCS 121, 2001 SC 957
Bailii
Scotland
Cited by:
CitedTesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .

These lists may be incomplete.
Updated: 06 January 2021; Ref: scu.164195

Schiller v H M Attorney General for Gibraltar and others: PC 20 Jul 1998

(Gibraltar) Appeal against refusal of judicial review of a decision to refuse his application for a licence to use a fast launch in the territorial waters of Gibraltar.
Lord Chancellor (Lord Irvine of Lairg), Lord Lloyd of Berwick, Lord Hoffmann, Lord Cooke of Thorndon, Lord Hope of Craighead
[1998] UKPC 31
Bailii
Commonwealth

Updated: 03 January 2021; Ref: scu.159313

Regina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited: Admn 22 May 1997

The verb ‘discard’ in the Waste Framework Directive has a special and limited meaning which requires the materials to be subjected to a disposal or recovery operation.
Carnwath J said: ‘The general concept is now reasonably clear. The term discard is used in a broad sense equivalent to ‘get rid of’. The phrase get rid of’ is concerned with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements. That broad category is however limited by the context, which shows that the purpose is to control disposal and recovery of such material. Accordingly, materials which are to be reused (rather than finally disposed of) but which do not require any recovery operation before being put to their new use, are not treated as waste.’ and ‘Insofar as the discarded materials do not require any recovery operation, they are not treated as waste at all. Insofar as they do require recovery operations, they remain waste until those recovery operations are complete.’
Carnwath J
[1997] EWHC Admin 495, [1999] ENVLR 489
Bailii
Council Directive 75/442/EEC, Trans-frontier Shipment of Waste Regulations 1994
England and Wales
Cited by:
Per incuriamAttorney-General’s Reference (No 5 of 2000) CACD 6-Jun-2001
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without . .
LimitedCastle Cement v Environment Agency Admn 22-Mar-2001
The court was asked ‘whether the burning of Cemfuel, as a fuel in the Ribblesdale and Ketton Cement Works operated by the Applicant (Castle), amounts to the burning of ‘hazardous waste’, as the Environment Agency has concluded, or to the burning of . .

These lists may be incomplete.
Updated: 24 December 2020; Ref: scu.137440

Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Appeal by way of case stated by the Chief Constable of Norfolk against the decision of the Crown Court in which it allowed an appeal against a decision by the Chief Constable to revoke his firearms and shotgun certificates.
Brooke LJ,Blofield J
[1997] EWHC Admin 294, [1997] CLY 4151
Bailii
Firearms Act 1968 30
England and Wales

Updated: 24 December 2020; Ref: scu.137239

Regina v Medicines Control Agency Ex Parte Pharma Nord Ltd: QBD 11 Jul 1997

A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached.
Collins J
Times 29-Jul-1997, [1997] EWHC Admin 674
Bailii
Cited by:
Appeal fromRegina v Medicines Control Agency ex parte Pharma Nord Ltd CA 10-Jun-1998
Once the Medicines Control Agency has decided that a product is a medicinal product and licensable as such, the courts should not seek to substitute their own judgment. Residuary discretion for declaration not used. . .
Times 10-Jun-98, [1998] EWCA Civ 891

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.87315

Nottingham City Council v Farooq: QBD 21 Oct 1998

Where an applicant for a taxi licence had recklessly failed to mention a conviction for dishonesty, the magistrates were unable to set aside the Department of Transport Circular and disregard it. The decision was one no reasonable court could reach.
Times 28-Oct-1998, Gazette 25-Nov-1998, [1998] EWHC Admin 991
Bailii

Updated: 18 December 2020; Ref: scu.84373

Dittah and Another v Phillipps: QBD 1 Mar 1993

Limits on operation of taxis. A taxi license authorised a taxi to operate within the district to which it related and not beyond. To operate within another district would require a license from that district.
Ind Summary 01-Mar-1993
Local Government (Miscellaneous Provisions) Act 1976 46(1)(d)

Updated: 17 December 2020; Ref: scu.80067

Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean that costs should always and normally follow the event. An authority with a duty to make decisions which suffered a successful challenge to that decision, but where the fault in the decision fell short of being unreasonable, dishonest, or improper, should not normally be ordered to pay the costs. The financial effect on the parties should be assessed, but such challenges are part of the expense of running a business. Section 64 was concerned with both liability for costs and their amount. The only statutory restriction on the power of the magistrates was that they could not make an order for costs against a successful party.
Bingham CJ said: ‘The issue in this appeal by case stated is whether justices erred in the exercise of their discretion by awarding costs against a local authority on a successful complaint against a vehicle licensing decision of the local authority when the local authority had not, in making the decision appealed against, acted unreasonably or in bad faith.’
Later he continued ‘It seems to me that the justices in this case misdirected themselves, first, in relying on a principle that costs should follow the event, that misdirection being compounded by their view that the reference in section 64 to the order being just and reasonable applied to quantum only. On the other hand, in my judgment the submissions made by Mr Blair-Gould on behalf of the local authority go too far the other way since to give effect to the principle for which he contends would deprive the justices of any discretion to view the case in the round which is in my judgment what section 64 intends.
I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised is three propositions:
1. Section 64(1) confers a discretion upon a magistrates’ court to make such order as to costs as it thinks just and reasonable. That provision applies both to the quantum of the costs (if any) to be paid, but also as to the party (if any) which should pay them.
2. What the court will think just and reasonable will depend on all the relevant facts and circumstances of the case before the court. The court may think it just and reasonable that costs should follow the event, but need not think so in all cases covered by the subsection.
3. Where a complainant has successfully challenged before justices an administrative decision made by a police or regulatory authority acting honestly, reasonably, properly and on grounds that reasonably appeared to be sound, in exercise of its public duty, the court should consider, in addition to any other relevant fact or circumstances, both (i) the financial prejudice to the particular complainant in the particular circumstances if an order for costs is not made in his favour; and (ii) the need to encourage public authorities to make and stand by honest, reasonable and apparently sound administrative decisions made in the public interest without fear of exposure to undue financial prejudice if the decision is successfully challenged.’
Silber J, Lord Bingham of Cornhill
Times 31-May-2000, (2000) COD 338, (2000) 164 JP 485
Magistrates Courts Act 1980 64(1), Local Government (Miscellaneous Provisions) Act 1976 62(1)(b)
Citing:
CitedRegina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police QBD 9-Nov-1998
The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct . .
COT, 9 November 1998
CitedRegina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Times 28-May-90, (1990) 156 JP 587
CitedChief Constable of Derbyshire v Goodman and Newton Admn 2-Apr-1998
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, . .
[1998] EWHC Admin 390

Cited by:
CitedBaxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
[2006] EWHC 643 (Admin), Times 17-May-06, [2006] 3 All ER 675, [2006] 5 Costs LR 696
CitedCambridge City Council v Alex Nestling Ltd QBD 17-May-2006
The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs.
Times 11-Jul-06
CitedMastercard UK Members Forum Ltd Mastercard International Inc CAT 28-Jul-2006
. .
[2006] CAT 15
CitedPerinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
perinpanathanCA2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
[2010] EWCA Civ 40, [2010] 1 WLR 1508

These lists may be incomplete.
Updated: 17 December 2020; Ref: scu.78542

Ahmed v Leicester City Council: QBD 29 Mar 2000

A person carried on a food business even though he might be excluded from the premises, for example, by a partner. It was necessary to read the words of a provision carefully where criminal liability attached, but it was also intended to ensure that responsibility was not evaded by pretending that others ran the business. The proprietor was the person carrying on the business whether or not he was actually the owner.
Times 29-Mar-2000
Food Safety Act 1990 1(3), Food Safety (General Food Hygiene) Regulations 1995 (1995 No 1763)

Updated: 16 December 2020; Ref: scu.77679

Regina v Birmingham City Council ex parte Quietlynn Ltd: 1985

The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone should be repaid. The fee set by the council could reflect not only the processing of applications but ‘inspecting premises after the grant of licences and for what might be called vigilant policing . . in order to detect and prosecute those who operated sex establishments without licences’.
Forbes J
[1985] 83 LGR 461
Cited by:
CitedAylesbury Vale District Council, Regina (on The Application of) v Call A Cab Ltd Admn 12-Nov-2013
aylesbury_callacabAdmn2013
The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had . .
[2013] EWHC 3765 (Admin), [2013] WLR(D) 482
CitedHemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council Admn 16-May-2012
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the . .
[2012] EWHC 1260 (Admin), [2012] PTSR 1676
CitedHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
[2013] EWCA Civ 591, [2013] WLR(D) 203, [2013] PTSR 1377, [2013] PTSR 1377
CitedHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
[2015] UKSC 25, [2015] BLGR 753, [2015] PTSR 643, [2015] WLR(D) 193, [2015] AC 1600, [2015] 3 CMLR 9, [2015] LLR 564, [2015] 2 WLR 1271, UKSC 2013/0146

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.519015

Cambridge City Council v Alex Nestling Ltd: QBD 17 May 2006

The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs.
Held: The appellant had not acted unlawfully, but had acted conscientously and properly. The magistrates had merely reached a different conclusion. The otherwise normal rule that costs follow the event did not apply in such cases.
Richards LJ, Toulson J
Times 11-Jul-2006
Licensing Act 2003 181
England and Wales
Citing:
CitedBradford City Metropolitan District Council v Booth QBD 10-May-2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The . .
Times 31-May-00, (2000) COD 338, (2000) 164 JP 485

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.244195

Regina v Medicines Control Agency ex parte Smith and Nephew (Primecrown Ltd intervening): ChD 1999

The court considered liability to third partries under a cross-undertaking given to the court: ‘Whether the recoverable damage is that which is foreseeable by the plaintiff or that which is directly caused by the injunction is not in point. None of the differing views expressed in the cases go so far as to say that the injunctee can claim for damage not suffered by him. Nor do the very words of the undertaking (which is the foundation of the jurisdiction) suggest that he can recover more than that which he has suffered, whether that damage is foreseeable by the injunctor or not. Thus while I have sympathy with Mr Howe’s ‘flexible approach’ I do not think it can go so far as to require the ‘wrongful injunctor’ to pay for damage not suffered by the injunctee at all.
I think this consideration also disposes of Mr Howe’s Linden Gardens point. In that case the House of Lords held that damages for breach of a contract between a developer and a builder should include the damage suffered by the purchaser from the developer. The parties could be treated as having entered into the contract on the basis that the developer would be entitled to enforce its contractual rights on behalf of purchaser who suffered the actual damage. The case depended on the parties having full knowledge that the developer was going to pass the property on to the purchaser, so the builder knew exactly who would be suffered if his work was inadequate. Mr Howe suggested that in this case there is a parallel in that SandN expected to have to pay for trading losses. So they did, but they did not undertake to pay for trading losses, they only undertook to pay for Primecrown’s losses. The analogy with Linden Gardens breaks down.’
Jacob J
[1999] RPC 705.
Citing:
CitedLinden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .
Times 23-Jul-93, Gazette 08-Dec-93, Independent 30-Jul-93, [1994] 1 AC 85, [1993] UKHL 4, [1993] 3 All ER 417

Cited by:
CitedSmithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
[2005] EWHC 1655 (Ch), Times 10-Aug-05, [2005] FSR 44, [2006] 2 All ER 53, [2006] IP and T 307

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.231218

Leeds Teaching Hospitals NHS Trust v Mr and Mrs A, YA, ZA, Mr and Mrs B T Authority: QBD 4 Nov 2002

At a fertility clinic, eggs were fertilised with the sperm from the wrong father. It was noticed only because after the birth of the twins, the colour of their skin was different from the mother and putative father.
Held: Difficult issues of medical confidentiality had arisen. The HFEA had conducted a preliminary investigation and imposed certain conditions upon the unit’s licence. Having given a statement of the factual background, the court reserved its’ fuller opinion to a later hearing.
Dame Butler-Sloss E, President
[2003] 1 FLR 412
England and Wales
Citing:
See alsoAHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
[2003] EWHC 259 (QB), Gazette 01-May-03, [2003] 1 FLR 1091

Cited by:
See alsoAHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
[2003] EWHC 259 (QB), Gazette 01-May-03, [2003] 1 FLR 1091

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.190124

Hussain v Bradford City Council: QBD 15 Feb 1993

If a complaint was made that a private hire vehicle was acting in contravention of the regulation, requiring it to display the licence plate issued by the local authority, indicating the maximum number of passengers, it was necessary for the prosecution to prove that the vehicle was plying for hire at the time of the alleged offence.
Ind Summary 15-Feb-1993
Local Government (Miscellaneous Provisions) Act 1976 48 (6)(b)

Updated: 14 December 2020; Ref: scu.81565

Hawkins v Edwards: 1901

[1901] 2 KB 169
Town Police Clauses Act 1847 38
England and Wales
Cited by:
CitedNewcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008
newcastle_berwickAdmn2008
The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the . .
[2008] EWHC 2369 (Admin)

These lists may be incomplete.
Updated: 14 December 2020; Ref: scu.277888

Muir v Keay: 1875

The defendant ran premises under the name ‘The Cafe. It was discovered to be open through the night, and at the time seventeen women and twenty men were there. They had been sold with cigars, coffee, and ginger beer, and were consuming them.
Held: The house was kept open for public refreshment, resort, and entertainment, and required a licence.
(1875) LR 10 QB 594
England and Wales

Updated: 09 December 2020; Ref: scu.190036

South Kesteven District Council v Mackie and Others: CA 20 Oct 1999

Where animals, which would be counted as dangerous wild animals, were used as performing animals through the summer months, but were kept in settled winter quarters, there was still no need for the keeper to obtain a licence for that keeping.
Times 20-Oct-1999
Dangerous Wild Animals Act 1976 1
England and Wales

Updated: 08 December 2020; Ref: scu.89412

Regina v Chelmsford Crown Court, Ex Parte Farrer: QBD 27 Oct 1999

The licensed shotgun owner kept his guns locked in his mother’s house, and she knew the whereabouts of the key, but was not herself licensed. The police objected to the renewal saying she had access to them and they were not therefore kept securely.
Held: The proper issue was for the potential licence holder to establish that the condition requiring security was satisfied. Case remitted.
Gazette 27-Oct-1999, Times 05-Nov-1999
Firearms Rules 1989 (1989 No 854) 4(4)(iv)(a) 3(4)(iv)(a)
England and Wales
Cited by:

  • Appeal from – Regina v Chelmsford Crown Court, Ex Parte Farrer CA 29-Mar-2000
    A shotgun owner kept his guns locked in his mother’s house, and she had access to the key. She was not licensed. The police objected to the renewal saying she had access to them, and they were not therefore kept securely.
    Held: The proper . .
    Times 29-Mar-00, Gazette 06-Apr-00

These lists may be incomplete.
Updated: 07 December 2020; Ref: scu.85173

Regina v Herrod, ex parte Leeds City District Council: CA 1976

Lord Denning MR described the game bingo: ‘I expect that everybody knows ordinary bingo. It is played at bazaars, sales of work [sic: in [1976] 1 All ER 273, at 279c, the phrase is ‘places of work’], and so forth, for small prizes and is perfectly lawful. Now prize bingo is like ordinary bingo, but played with sophisticated apparatus. Instead of cards with numbers on them, there are dials facing the players. A player puts in a coin (5p for two cards). Thereupon two dials light up showing numbers corresponding to two cards. When the game starts, instead of someone drawing a number out of a hat, a machine throws a ball into the air. A gaily dressed lady plucks one of them and calls out the number. If it is one of the numbers on the dial, the player crosses it out by pulling a cover over it. If he gets all his numbers crossed out correctly before the other players, he gets a prize. This is obviously a lottery or a game of chance, but it is not a ‘gaming machine’ because the element of chance is not ‘provided by means of the machine’ but means of the gay lady: see section 26(2) of the Gaming Act 1968.
In some of these premises there are also some ‘one-armed bandits.’ These are gaming machines. The player puts in a coin. This enables him to pull a handle to forecast a result. Cylinders revolve and give an answer. If he succeeds, he gets the winnings. If he fails, he loses his money. This is undoubtedly a ‘gaming machine’ because the element of chance is provided by means of a machine: see section 26(1) of the Act of 1968 and Capper v. Baldwin [1965] 2 QB 53.’
Lord Denning MR said: ‘If a person comes to the High Court seeking certiorari to quash the decision of the Crown Court – or any other tribunal for that matter-he should act promptly and before the other party has taken any step on the faith of the decision. Else he may find that the High Court will refuse him a remedy. If he has been guilty of any delay at all, it is for him to get over it and not for the other side’.’
Lord Denning MR
[1976] QB 540
England and Wales
Cited by:

  • Cited – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
    The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
    [2013] EWCA Civ 1289, [2013] BVC 526, [2013] STI 3396, [2014] STC 470
  • Cited – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
    The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
    [2015 UKSC 48, [2015] WLR(D) 299, [2015] STC 1921, [2015] 4 All ER 77, [2015] LLR 665, [2015] BVC 31, [2015] 1 WLR 3472, [2015] STI 2395, UKSC 2013/0257

These lists may be incomplete.
Updated: 04 December 2020; Ref: scu.589259

Regina v Doncaster Metropolitan Borough Council ex parte Heath: 16 Oct 2000

It was submitted that the schemes relating to hackney carriages and private hire vehicles were two distinct schemes, and that the issues in that case had arisen because the Council had fallen into the trap of seeking to apply private hire statutory provisions to a hackney carriage situation.
Held: The court agreed and added that the Council might be able to require persons in the position of the applicant in that case, who was licensed under the 1847 Act, to provide information in advance about who would act as a substitute driver in a case of need, and further requiring him or anyone else driving the vehicle to keep a contemporaneous record of who drove which vehicle on what day.
References: Unreported, 16 October 2000
Judges: Maurice Kay J
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Brentwood Borough Council v Gladen Admn 28-Oct-2004
    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 . .
    (, [2004] EWHC 2500 (Admin), Times 01-Nov-04, [2005] RTR 12)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.219864

Regina v Aylesbury Justices ex parte Kitching and GBS Estates Limited: Admn 9 May 1997

The defendant had been convicted of felling trees without a licence. He claimed to have received assurances from the Forestry Commission that he would not be prosecuted. He said the prosecution was an abuse of process. The magistrates held that their jurisdiction on abuse was limited to the fairness of the procedures within the court.
References: [1997] EWHC Admin 452
Statutes: Forestry Act 1967
Jurisdiction: England and Wales
This case cites:

  • Cited – Regina v Brentford Justices Ex parte Wong QBD 1981
    The defendant had been involved in a traffic accident. Very shortly before the expiry of the six month time limit, the prosecutor issued a careless driving summons apparently in order to preserve the possibility of a prosecution without yet having . .
    ([1981] 1 All ER 884, [1981] 2 WLR 203, (1981) 73 Cr App R 67, [1981] QB 445)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.137397

Regina v Hammersmith and Fulham London Borough Council, Ex Parte Earls Court Ltd: QBD 15 Jul 1993

Conditions imposed on a licence under the Act need to be sufficiently precise for applicants to know the obligations imposed upon them. An entertainment licence was unreasonable because its conditions were so obscure in meaning.
References: Times 15-Jul-1993, Independent 07-Sep-1993
Statutes: London Government Act 1963 P1(2) Sch 12
Jurisdiction: England and Wales

Last Update: 27 November 2020; Ref: scu.86804

Rudd v Secretary of State for Trade and Industry: 1985

The court considered the word ‘used’ in the context of a TV Licensing prosecution.
Held: The word ‘use’ is to be interpreted in its natural and ordinary meaning.
References: [1987] 1 WLR 786, [1987] 2 All ER 553, (1987) 85 Cr App R 358
Jurisdiction: England and Wales
This case is cited by:

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.572623

Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs): QBD 7 May 1993

A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.
References: Times 07-May-1993
Statutes: Local Government Miscellaneous Provisions Act 1976 55
Jurisdiction: England and Wales

Last Update: 21 November 2020; Ref: scu.90565

Russell v Fulling and Another: ChD 23 Jun 1999

A lottery scheme where participation by means of requesting a scratchcard was not dependent upon making a purchase, but where in practice such a purchase would be felt to be necessary, and would be likely to be made, was unlawful. A contract or loan made in support of such a scheme was unenforceable.
References: Times 23-Jun-1999

Last Update: 21 November 2020; Ref: scu.88933

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a European Directive, but the new regulations did not specifically disapply the regime for amending the licences. He should have made it clear in the statutory instrument that the protections were being removed. The regulations made under section 2(2) of the 1972 Act which, if valid, took away valuable rights of Orange which they had enjoyed under the Telecommunications Act 1984, were ultra vires, on the ground that the regulations had failed explicitly to state that rights enjoyed under primary legislation were being taken away.
References: Times 15-Nov-2000, Gazette 23-Nov-2000
Statutes: Telecommunications Act 1984 12 13 14 15, Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (1999 no 2540), European Communities Act 1972 2(2)
This case cites:

  • Distinguished – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
    The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
    Held: Anything is ‘related to’ a Community . .
    ([1996] ICR 1003)

This case is cited by:

  • Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
    A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
    Held: Instruments . .
    (, [2005] EWHC 210 (Ch), Times 10-Mar-05)

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.88661

Regina v Gaming Licensing Committee Ex Parte Gala Leisure Ltd: QBD 5 Apr 1996

An application for a bingo hall license can be heard before the hall itself is built. The application is submitted with plans for the building, and if the building does not conform, the license will be invalid.
References: Times 05-Apr-1996
Judges: Justice Sedley
Statutes: Gaming Act 1968 Sch 2

Last Update: 21 November 2020; Ref: scu.86682

Regina v Swansea City and Council, Ex Parte Davies: QBD 7 Jul 2000

A hackney council vehicle licence holder had sufficient locus standi as a person aggrieved to appeal against a condition sought to be imposed by the local authority on the licensing of private hire vehicle licenses. Accordingly the Magistrates should hear his complaint and objection. The statute was not narrowly drafted so as to exclude the applicant, although it was not limitless.
References: Times 07-Jul-2000
Statutes: Local Government (Miscellaneous Provisions) Act 1976 48

Last Update: 21 November 2020; Ref: scu.85579

Regina v Secretary of State for the Environment Transport and the Regions, Ex Parte Premiere Environmental Ltd: QBD 15 Mar 2000

A waste disposal licence was suspended. The notice provided that the suspension would terminate when the Environment Agency notified the licence holder that it in its view the disposal could safely be continued. The company complained that this was not sufficiently an ‘event’ and that accordingly the notice was ineffective. It was held that the word ‘event’ should not be construed so restrictively. The event should be related to the suspension but not further limited in its nature. The condition was appropriate.
References: Times 15-Mar-2000

Last Update: 21 November 2020; Ref: scu.85496