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.


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Key Words: late representations, variation of a premises licence, intrested parties, consultation.


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Key Words: drunk and disorderly, removal from premises.


Key Words: No express or implied right for a responsible authority to be joined as a respondent.


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.


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.


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.


Key Words: test purchasing, conditions.


Key Words: conditions, statutory duplication.


Key Words: policy statement, excess of powers.


Key Words: conditions, variation of a premises licence.


Key Words: grant of a premises licence, appeal by intrested parties.


Key Words: interested parties, representations.


Key Words: cost awarded against local authority, acted unreasonably or in bad faith.


Key Words: refusal to grant variation application, statement of licensing policy


Key Words: grant of premises licence, cost awarded against local authority


Key Words: review, delegated authority, Section 101 of the Local Government Act 1972, and Section 13 of the Interpretation Act 1978