More Case Law - Licensing Act 2003
This page contains more case law relating to the Licensing Act 2003. See recent case law.
Key Words: representations, petrol stations, sub-committee decisions.
- R. (on the application of Raphael) v Highbury Corner Magistrates' Court [Do you have this case?]
- Almada v City of Westminster [Do you have this case?]
- R. (on the application of Albert Court Residents Association) v Westminster City Council  EWHC 393 (QB)
Key Words: late representations, variation of a premises licence, intrested parties, consultation.
- Semple v DPP [Do you have this case?]
Key Words: drunk and disorderly, removal from premises.
- R (on the application of the Chief Constable of Nottinghamshire) v Nottingham Magistrates' Court  EWCH 3182 (Admin)
Key Words: No express or implied right for a responsible authority to be joined as a respondent.
- Carmarthenshire CC v Llanelli Magistrates [Do you have this case?]
Key Words: reviews, test purchase, necessary and proportionality.
Key Words: Where a responsible authority had made an application for a review of a premises licence, licensing authority does not have an implied power to refuse to consider it on the grounds that the application had been brought in an alleged breach of process.
- Hall & Woodhouse Ltd v Poole Borough Council  WLR (D) 131 [Do you have this case?]
Key Words: The holder of a premises licence was not automatically liable for unauthorised licensable activities, contrary to the Licensing Act 2003 s.136(1). The section was directed at the person who had actually carried out the unauthorised activities.
- R (on the application of Raphael trading as Orleans) v Highbury Corner Magistrates Court and another - 2011 All ER
Key Words: delegation under the Act.
Key Words: There was no legal obligation to impose a condition, in order to promote the licensing objectives, to give effect to anything contained in the operating schedule where the licensing authority considered that compliance with other legislation was sufficient for that purpose.
Key Words: corporate liability in respect of alcohol sales, a premises licence holder (including where this is a company) can make a sale of alcohol, a DPS cannot be held liable for an offence under s.146 merely because he holds that position (some sort of personal responsibility or mental complicity must be demonstrated), a personal licence holder cannot commit an offence under s.146 if he does not physically make the sale.
Key Words: evidence, review of a permises licence.
- The Queen On The Application of Bassetlaw District Council V Workshop Magistrates Court  EWHC 3530 (Admin)
Key Words: test purchasing, conditions.
Key Words: conditions, statutory duplication.
- The British Beer and Pub Association, The Association of Licensed Multiple Retailers, The British Institute of Innkeeping v Canterbury City Council  EWHC 1318 (Admin)
Key Words: policy statement, excess of powers.
Key Words: conditions, variation of a premises licence.
- Luminar Leisure Ltd v Wakefield Magistrates' Court, Brooke Leisure Limited, Classic Properties Limited, Wakefield Metropolitan District Council  EWHC 1002 (Admin)
Key Words: grant of a premises licence, appeal by intrested parties.
- The Queen on the application of 4 Wins Leisure Limited v The Licensing Committee for Blackpool Council, Brook Leisure Blackpool Limited, World Wide Clubs (UK)  EWHC 2213 (Admin)
Key Words: interested parties, representations.
- The Queen on the Application of Cambridge City Council v Alex Nestling Limited  EWHC 2213 (Admin)
Key Words: cost awarded against local authority, acted unreasonably or in bad faith.
Key Words: refusal to grant variation application, statement of licensing policy
- Uttlesford District Council, R (on the application of) v English Heritage, Court of Appeal Administrative Court  EWHC 816 (Admin)
Key Words: grant of premises licence, cost awarded against local authority
- The Queen On The Application Of Raphael V Highbury Corner Magistrates Court (first Defendant) The London Borough Of Islington (second Defendant) Metropolitan Police Service (interested Party)
Key Words: review, delegated authority, Section 101 of the Local Government Act 1972, and Section 13 of the Interpretation Act 1978