Westminster City Council v Croyalgrange Ltd and Another: HL 15 May 1986

The defendants had been acquitted of running a sex establishment otherwise than in accordance with a licence from the appellant authority. The defendant had leased premises which were known to have been running such, but the defendant director had not been shown to have known that the tenant did not have a licence. The Council said that it having shown the use, no onus lay on the prosecutor to show knowledge of the absence of a licence.
Held: The council’s appeal failed. ‘the word ‘knowingly’ in paragraph 20(1 )(a) cannot sensibly have been introduced merely to apply to the use which the defendant is making, or causing or permitting another to make, of premises as a sex establishment. I can conceive of no circumstances in which a person could be said to be using premises, still less of causing or permitting them to be used, ‘to a significant degree for the exhibition’ of pornographic films or ‘for a business which consists to a significant degree’ of the sale of pornographic material if that person were ignorant of the nature of the offending use. If the argument for the council is right, the word ‘knowingly’ is tautologous . . If the argument for the council were accepted, it would lead to the conclusion that paragraph 20(l)(a) had in effect created an offence of strict liability. The offence would consist in the unlawful use of premises as a sex establishment and even an honest belief in facts which, if true, would make the use lawful would afford no defence. It is trite law that the legislature’s intention to create an offence of strict liability must be signified by clear language. To find such an intention in paragraph 20(1 )(a) with its iteration of the word ‘knowingly’ is obviously impossible. ‘

Judges:

Lord Bridge of Harwich, Lord Brightman, Lord Mackay of Clashfern, Lord Ackner, Lord Oliver of Aylmerton

Citations:

[1986] UKHL 9, (1986) 150 JP 449, [1986] 1 WLR 674, [1986] 2 All ER 353, 84 LGR 801, (1986) 83 Cr App R 155, [1986] Crim LR 693

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982 48 Sch 3

Jurisdiction:

England and Wales

Crime, Local Government

Updated: 28 June 2022; Ref: scu.427054