It 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  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.
Which 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.
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.