Tag: Licensing

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.

Citations:

Times 07-Jul-2000

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 48

Licensing, Road Traffic, Local Government

Updated: 09 April 2022; 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.

Citations:

Times 15-Mar-2000

Licensing, Environment

Updated: 09 April 2022; Ref: scu.85496

Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998

The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between ‘means’ (namely how the demand is to be met) and ‘ends’ (the satisfaction of reasonable demands) and that as a matter of language, whilst the Director is expressly made the arbiter of the means to the end, he is not so made the arbiter of the ends. Section 3 recognises that there is a public interest in reasonable demands for telecommunication services being met and the court is intended to be the guardian of that public interest. The exercise in deciding whether a demand is reasonable or not requires no sophisticated exercise necessitating the Director’s experience, expertise and fund of knowledge of this and other markets. The court is well equipped and experienced in deciding questions of reasonableness. The duty of the Director was to exercise his functions in the manner which ‘he considers best calculated to secure . . such telecommunications services as satisfy all reasonable demands for them . . ‘ and ‘Where the Act has conferred the decision making and function on the Director, it is for him, and him alone, to consider the economic arguments, weigh the compelling considerations and arrive at a judgment. The . applicants have no right of appeal; in these judicial review proceedings so long as he directs himself correctly in law, his decision may only be challenged on Wedensbury grounds. The court must be astute to avoid the. danger of substituting its views for the decision maker and of contradicting (as in this case) a conscientious decision maker acting in good faith and with knowledge of all the facts. ‘ and ‘If (as I have stated)the court should be very ‘slow to impugn decisions of fact made by an expert and experienced decision maker, it must surely be even slower to impugn his educated prophesises and predictions for the future.’

Judges:

Lightman J

Citations:

Times 07-Dec-1998, Gazette 10-Feb-1999, [1999] ECC 314

Statutes:

Telecommunications Act 1984 3

Cited by:

Cited – Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications Admn 27-Jun-2003
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls.
Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – Wildman, Regina (on the Application of) v The Office of Communications Admn 25-Jul-2005
The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. . .
Lists of cited by and citing cases may be incomplete.

Commercial, Judicial Review, Licensing

Updated: 09 April 2022; Ref: scu.85227

Regina v Inner London Crown Court, Ex Parte Provis: QBD 11 Jul 2000

Where a party intended to object to the grant of a license it was necessary for them to give appropriate notice of that intention before appearing at court to make it. Police objections had been raised only on the date of the application for grant of the licence. Such behaviour could only give rise to expensive adjournments. Notice should be given both to the clerk to the justices and to the party applying.

Citations:

Times 11-Jul-2000

Licensing, Magistrates

Updated: 09 April 2022; Ref: scu.85327

Northern 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 licensing hours of an SHC day.
Held: There is no requirement when granting an SHC, that the magistrates need satisfy themselves that the music and dancing would either be continuous throughout the period of the licence or at regular times on each day for which the licences were applied for. The requirement related to the use of the premises by the licensee, not by his customers. ‘ . . . in circumstances in which the justices find that the purpose for which an applicant for an SHC intends persons to resort to the premises is to take advantage of the catering and entertainment facilities to which the sale of liquor is ancillary, music and dancing and substantial refreshment do not have to be provided at the same time throughout the permitted licensing hours of the SHC.’

Citations:

Times 03-Aug-2000, [2001] 1 AllER 660, [2001] 1 WLR 1196

Statutes:

Licensing Act 1986 77

Citing:

Applied – Regina 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 . .

Cited by:

Cited – Luminar 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 . .
Cited – 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; . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 09 April 2022; Ref: scu.84358

Laara and Others v Kihlakunnansyyttaja (Jyvilskyla) and Others: ECJ 20 Oct 1999

Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations.

Citations:

Times 20-Oct-1999, C-124/97)

Statutes:

ECTreaty Art 49

Licensing, European

Updated: 09 April 2022; Ref: scu.82890

Kingston Upon Hull City Council v Wilson: QBD 29 Jun 1995

The grant to an individual of a hackney licence in one local authority, does not stop the grant of a similar licence elsewhere. Though the court applied the ABC case, Buxton J rejected an argument that a vehicle was not a private hire vehicle for the purposes of section 46(1)(b) as it was a ‘hackney carriage’ and thus fell outside the definition of ‘private hire vehicle’ in section 80: ‘That amounts to saying that once the vehicle is licensed anywhere as a hackney carriage, that precludes the application, in respect of that vehicle, of any part of Section 46 of this act anywhere else in this country. Thus, if Mr. Wilson had driven his vehicle in other respects not in conformity with Section 46 in Truro or Newcastle Upon Tyne, the fact that it had been licensed in Beverley as a hackney carriage would preclude the application, by any local authority, of section 46(2) . . for my part, I cannot accept that this Act intends it to be the case that in every case where a hackney carriage vehicle exists it follows thereafter that the vehicle so licensed cannot be susceptible to the rules applying to private hire vehicles . . it cannot, in my view, be the case that simply to licence a vehicle as a hackney carriage thereby makes that vehicle a hackney carriage for all time, even if it is functioning as a private hire vehicle. In my judgment, therefore, it is not enough that a hackney carriage licence exists to establish that this vehicle was a hackney carriage as that term is used in the definition of a ‘private hire vehicle’ in section 80 of the 1976 Act.’

Judges:

Buxton J

Citations:

Times 25-Jul-1995, CO 1249-95

Statutes:

Local Government (Miscellaneous Provisions) Act 1976

Citing:

Applied – Britain v ABC Cabs (Camberley) Ltd QBD 1981
A hackney carriage had been booked, in the district where it was licensed, to pick up a fare in another district. The prosecutor said that when and where the fare was picked up the hackney carriage had no relevant private hire licence and no . .

Cited by:

Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Licensing, Road Traffic

Updated: 09 April 2022; Ref: scu.82795

Kempin T/A British Bulldog Ice Cream v Brighton and Hove Council: QBD 13 Mar 2001

An ice cream salesman driving around an area was not a roundsman so as to be exempted from the need to obtain a street trader’s licence, however regular his route. Though not defined in the Act, ’roundsman’ meant activities delivering pre-ordered goods within a locality. This interpretation was required in order to give effect to the purpose of the Act.

Citations:

Times 13-Mar-2001, Gazette 29-Mar-2001

Statutes:

Local Government (Miscellaneous Provisions) Act 1982

Licensing, Local Government

Updated: 09 April 2022; Ref: scu.82725

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.
Burnett LJ said: ‘A claimant seeking an injunction would need compelling evidence that the appeal would be ineffective. It would call for more than a narrative statement from a director of the business speaking of the dire consequences of delay. The statements should be supported by documentary financial evidence and a statement from an independent professional doing more than reformulating his client’s stated opinion. Otherwise, a judge may be cautious about taking prognostications of disaster at face value. It should not be forgotten that a trader who sees ultimate failure in the appeal would have every incentive to talk up the prospects of imminent demise of the business, in an attempt to keep going pending appeal. Equally, material would have to be deployed which provided a proper insight into the prospects of success in an appeal. There is no permission filter for an appeal to the F-tT. The High Court would not intervene in the absence of a detailed explanation of why the decision of HMRC was unreasonable. It must not be overlooked that the F-tT is not exercising its usual appellate jurisdiction in these types of case where it makes its own decision. Finally, there would have to be detailed evidence of the attempts made to secure expedition in the F-tT and the reasons why those attempts failed. Whilst the jurisdiction exists to grant interim relief in this way, its use is likely to be sparing because steps (i) and (ii) identified above should provide practical relief in cases which justify it and the circumstances in which it would be appropriate for injunctive relief to issue will be rare.’

Judges:

Patten, King, Burnett LJJ

Citations:

[2017] EWCA Civ 956, [2017] WLR(D) 463, [2018] 1 WLR 1205

Links:

Bailii, WLRD

Statutes:

Alcoholic Liquor Duties Act 1979 88C, Commissioners of Revenue and Customs Act 2005 9, Finance Act 2015

Jurisdiction:

England and Wales

Citing:

Applied – CC and C Ltd v Revenue and Customs CA 19-Dec-2014
This appeal arises in the context of the regime which permits wholesale trading in alcoholic drinks and other dutiable goods which are held in, or moved between, excise warehouses without giving rise to an ‘excise duty point’ and thus attracting . .
Cited – Harley Development Inc. And, Trillium Investment Ltd v Commissioner of Inland Revenue Co PC 14-Mar-1996
Hong Kong – ‘Their Lordships consider that, where a statute lays down a comprehensive system of appeals procedure against administrative decisions, it will only be in exceptional circumstances, typically an abuse of power, that the courts will . .

Cited by:

Appeal from – OWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs SC 19-Jun-2019
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered . .
Cited – JJ 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 . .
Lists of cited by and citing cases may be incomplete.

Licensing, Litigation Practice

Updated: 08 April 2022; Ref: scu.588986

Uber France v Bensalem: ECJ 10 Apr 2018

Approximation of Laws – Transport – Judgment – Reference for a preliminary ruling – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 98/34/EC – Information society services – Rule on information society services – Definition – Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys – Criminal penalties

Judges:

K. Lenaerts, P

Citations:

ECLI:EU:C:2018:221, [2018] EUECJ C-320/16

Links:

Bailii

Jurisdiction:

European

Transport, Licensing

Updated: 07 April 2022; Ref: scu.608652

The Environment Agency v Gibbs and Another: Admn 15 Apr 2016

The Court was asked to consider whether each of two ‘houseboats’, both moored in the Hartford Marina on the River Great Ouse in Huntingdon, was properly found by the Crown Court not to a be ‘vessel’ within the definition provided by article 2 of the 2010 Order.

Judges:

Lindblom LJ, Teare, Holroyde JJ

Citations:

[2016] EWHC 843 (Admin)

Links:

Bailii

Statutes:

Environment Agency (Inland Waterways) Order 2010

Jurisdiction:

England and Wales

Transport, Licensing

Updated: 02 April 2022; Ref: scu.601148

Milton Keynes Council v Skyline Taxis and Private Hire Ltd and Another: Admn 10 Nov 2017

Judges:

Hickinbottom LJ, Gilbart J

Citations:

[2017] EWHC 2794 (Admin), [2017] WLR(D) 751

Links:

Bailii, WLRD

Statutes:

Local Government (Miscellaneous Provisions) Act 1976

Jurisdiction:

England and Wales

Local Government, Licensing, Transport

Updated: 01 April 2022; Ref: scu.599413

QiN and Others, Regina (on The Application of) v The Commissioner of The Police for The Metropolis and Another: Admn 3 Nov 2017

Application for judicial review of closure orders as to two massage parlours in Soho.

Judges:

Choudiry J

Citations:

[2017] EWHC 2750 (Admin), [2017] WLR(D) 745

Links:

Bailii, WLRD

Statutes:

Anti-Social Behaviour, Crime and Policing Act 2014

Jurisdiction:

England and Wales

Licensing

Updated: 30 March 2022; Ref: scu.599417

Woodward, Regina (on The Application of) v Thurrock Borough Council: Admn 27 Jul 2016

Application for permission to apply for judicial review of a decision made by the licensing subcommittee as licensing authority of Thurrock Borough Council A time-limited premises licence had been applied for for a two-day music festival on 13 and 14 August 2006 at Aveley in the area of Thurrock Borough Council. A licence had been granted for this event some months before, but the event manager pulled out.

Judges:

Ousely J

Citations:

[2016] EWHC 3712 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing

Updated: 30 March 2022; Ref: scu.594614

Persidera SpA v Authority for the Garanzie nelle Comunicazioni and Others: ECJ 26 Jul 2017

(Judgment) Reference for a preliminary ruling – Electronic communications – Telecommunications services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Equal treatment – Determination of the number of digital radio frequencies to be granted to each operator already holding analogue radio frequencies – Taking into account analogue radio frequencies used illegally – Correspondence between the number of analogue radio frequencies held and the number of digital radio frequencies obtained

Citations:

C-112/16, [2017] EUECJ C-112/16, [2017] EUECJ C-112/16_O

Links:

Bailii, Bailii

Jurisdiction:

European

Media, Licensing

Updated: 28 March 2022; Ref: scu.591337

Campaign Against Arms Trade, Regina (on The Application of) v The Secretary of State for International Trade: Admn 10 Jul 2017

The issue in this claim for judicial review is whether the Secretary of State for International Trade, who since July 2016[1] has had responsibility for licensing the export of arms, is obliged by law to suspend extant export licences to the Kingdom of Saudi Arabia and cease granting new licences, to conform with Government policy to deny such licences where there is ‘a clear risk that the arms might be used in the commission of a serious violation of International Humanitarian Law’.

Judges:

Burnett LJ, Haddon-Cave J

Citations:

[2017] EWHC 1754 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing

Updated: 27 March 2022; Ref: scu.590294

Unibet International Ltd v Nemzeti Ado-es Vamhivatal Kozponti Hivatala: ECJ 22 Jun 2017

ECJ (Judgment) Reference for a preliminary ruling – Freedom to provide services – Restrictions – Conditions for the grant of a concession for the organization of online gambling – Practical impossibility of obtaining such authorization for private operators established in another Member State, Other Member States

Citations:

ECLI:EU:C:2017:491, [2017] EUECJ C-49/16

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 27 March 2022; Ref: scu.588305

Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 Jun 2017

ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest – Proportionality – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – National legislation laying down the requirement for the court to examine of its own motion the facts of the case before it in the context of the prosecution of administrative offences – Compliance

Citations:

ECLI:EU:C:2017:452, [2017] EUECJ C-685/15

Links:

Bailii

Jurisdiction:

European

Human Rights, Licensing

Updated: 27 March 2022; Ref: scu.588293

Chancepixies Animal Welfare, Regina (on The Application of) v North Kesteven District Council: Admn 6 Jul 2016

The claimant sought judicial review of the revocation by the Council of a dog breeding licence, saying that it had been made without jurisdiction.

Judges:

Edis J

Citations:

[2016] EWHC 3617 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Local Government, Animals

Updated: 27 March 2022; Ref: scu.588222

The Environment Agency v Barrass and Others: Admn 21 Mar 2017

Whether two marinas were waterways so that boats moored there required to be licensed.

Judges:

Lindblom LJ, Singh J

Citations:

[2017] EWHC 548 (Admin), [2017] WLR(D) 193

Links:

Bailii, WLRD

Statutes:

Thames Conservancy Act 1932, Environment Agency (Inland Waterways) Order 2010

Jurisdiction:

England and Wales

Transport, Licensing

Updated: 24 March 2022; Ref: scu.581097

Flibtravel International and Leonard Travel International v AAL Renting SA and Others: ECJ 15 Mar 2017

ECJ (Judgment) Reference for a preliminary ruling – Article 96 TFEU – Applicability – National legislation prohibiting taxi services from offering individual seats – National legislation prohibiting taxi services from predetermining their destination – National legislation prohibiting taxi services from touting for custom)

Citations:

ECLI:EU:C:2017:211, [2017] EUECJ C-253/16

Links:

Bailii

Jurisdiction:

European

Licensing

Updated: 23 March 2022; Ref: scu.580705

HIT 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 gamblers in those States is not equivalent to that ensured at national level – Justification – Overriding reasons in the public interest – Proportionality

Citations:

[2012] EUECJ C-176/11, ECLI:EU:C:2012:454

Links:

Bailii

Jurisdiction:

European

Citing:

Opiniom – 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 . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 06 February 2022; Ref: scu.578228

Uber Belgium v Taxi Radio Brussels NV: ECJ 27 Oct 2016

(Order) Preliminary reference – Article 53, paragraph 2, the Rules of Procedure of the Court – Inadmissible – Passenger transport by motor vehicles – private drivers using a Smartphone application to establish relationships with people wishing to conduct urban journeys – Obligation to have a license to operate

C-526/15, [2016] EUECJ C-526/15 – CO
Bailii
European

Licensing

Updated: 25 January 2022; Ref: scu.571257

Markus Stoss C-316/07: ECJ 8 Sep 2010

ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation

V Skouris, P
[2010] EUECJ C-316/07, ECLI:EU:C:2010:504, [2011] 1 CMLR 20, [2010] ECR I-8069, [2011] All ER (EC) 644
Bailii
European
Citing:
Opinion – Markus Stoss C-316/07 ECJ 4-Mar-2010
ECJ Opinion – Free Movement of persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 23 January 2022; Ref: scu.569408

Admiral Casinos and Entertainment v Balmatic Handelsgesellschaft mbH: ECJ 30 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glucksspiel’) where no licence has been granted by the competent authority – Restriction – Justification – Proportionality – Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented – Effects empirically and definitely determined)

C-464/15, [2016] EUECJ C-464/15
Bailii
European

Licensing

Updated: 18 January 2022; Ref: scu.566443

Lalli v The Commissioner of Police for The Metropolis and Another: Admn 9 Jan 2015

Claim for judicial review concerned with the circumstances in which a summary review by a licensing authority of a premises licence that authorises the sale of alcohol may be invoked and whether, and (if so) how, that authority must satisfy itself that they exist.

John Howell QC
[2015] EWHC 14 (Admin), [2015] WLR(D) 239
Bailii, WLRD
England and Wales

Licensing

Updated: 30 December 2021; Ref: scu.547556

Pinnington v Transport for London: Admn 7 Nov 2013

Appeal by case stated brought by a London taxi driver, Mr Pinnington, following the rejection of his appeal against the refusal by TFL to issue him a taxi driver’s licence by justices at the City of London Magistrates’ Court. The question for the opinion of the High Court is ‘were we entitled to find, for the reasons given, that Mr Pinnington was not a fit and proper person to hold a taxi licence?’
Held: They were not. Appeal allowed.

Andrews DBE J
[2013] EWHC 3656 (Admin)
Bailii
England and Wales

Licensing

Updated: 16 December 2021; Ref: scu.567648

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:
Reference – 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 CA – Hemming (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 ECJ – 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 . .

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:
Opinion – Robert 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

Regina (Jones) v Chief Constable of Cheshire Constabulary; 31 Oct 2005

References: Times 04-Nov-2005
The claimant challenged the revocation by the respondent of his pedlar’s licence. He had been arrested on a charge involving dishonesty, and his certificate was taken from him and held.
Held: The powers available were to the police to refuse to renew a certificate or to a magistrates court to revoke licence. The police did not have the power to do as they had. The declaration was granted.
Statutes: Pedlar’s Act 1871 5(1)