Westminster City Council v O’Reilly and others: QBD 28 Feb 2003

The premises consisted of a ground floor and basement. A music and dancing licence was in effect for part of the premises, but the appellant challenged the grant of a special hours certificate, based upon that licence, for the entire premises.
Held: The special hours certificate should have been only for the part for which there existed the licence. The certificate was granted for premises ‘for which a music and dancing licence is in force’ The certificate was there only to support the licence. It was true that other means existed of supervising such premises, but that did not affect this issue. The concluding words of the section required the certificate to be restricted in this way.

Judges:

Mackay J

Citations:

Times 02-Apr-2003, [2003] 1 WLR 1411

Statutes:

Licensing Act 1964 77A(1)(a)(ii)

Cited by:

Appeal fromWestminster City Council v O’Reilly and others CA 1-Jul-2003
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates.
Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 28 April 2022; Ref: scu.180406