Case Law

Primary gambling activity – What does it mean?In a recent and important case (Luxury Leisure Ltd. v The Gambling Commission), the First-Tier Tribunal judge, NJ Warren, gave a ruling on the meaning of 'primary gambling activity'.




Breadth of discretion in respect of applications for Minor Variations – Admin CourtAn interesting licensing case in the Administrative Court recently.

The case concerned application for judicial review of a decision by Guildford Borough Council refusing to deal with an application for a minor variation.

On Friday 21st February, the long awaited judgment in D&D Bar Services Ltd v Romford Magistrates' Court and London Borough of Redbridge ( aka "Funky Mojoe") was finally handed down.

Procedural defects does not automatically render proceedings invalid – High CourtIt was reported today that the High Court found, in the case of R (D&D Bar Services Ltd) v Romford Magistrates Court and the London Borough of Redbridge [2014] EWHC 213 Admin, that procedural defects do not automatically render licence review proceedings invalid.  This is the first time the High Court has considered this recurring point in the context of the Licensing Act 2003.


The transcript of Gurgur v London Borough of Enfield [2013] EWHC 3483 (Admin) is now available on Licensing Resource.

It is worth noting that the case is only helpful to a point mainly because the Mrs. Justice Patterson did not actually make a ruling on the point of which policy applies. 

Policy at the date of hearing not determination – High CourtWhich licensing policy applies if a new policy is issued after the date when the application is made but before the date of the hearing by the Licensing Sub-Committee or the Magistrates’ Court on appeal?

Mrs. Justice Patterson, in the case of Gurgur v London Borough of Enfield (6.12.13), found that it is the policy at the date of hearing not determination.

Breach of procedure not fatal to prosecution - Aylesbury Vale DC v Call a Cab Ltd.In an eagerly anticipated judgement that will provide great relief to licensing authorities up and down the country, Mr Justice Ouseley and Lord Justice Treacy ruled that a single breach of a procedural requirement upon which a prosecution depends does not automatically mean that prosecution will fail.



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