Archive for the 'licensing' Category

LSB consults on process for reviewing decisions about licensing applications – Legal Services Board

“As part of the next stages of completing the licensing regime for Alternative Business Structures (ABS) the LSB has today published a new consultation focusing on reviewing decisions about licensing applications.”

Full story

Legal Services Board, 3rd May 2011

Source: www.legalservicesboard.org.uk

Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

New rules for migrant church weddings – Daily Telegraph

“The tradition of reading church banns is to be dropped for migrant weddings as part of a new drive to combat bogus marriages.”

Full story

Daily Telegraph, 12th April 2011

Source: www.telegraph.co.uk

Pub landlady’s EU case paves way for Premier League rights revolution – The Guardian

“The European Union’s highest court was today advised to rule that EU law does not prohibit pubs showing live Premier League matches from foreign broadcasters, potentially sparking a revolution in the way media sports rights are sold across the continent.”

Full story

The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gun control and ownership laws in the UK – BBC News

“Derrick Bird, who shot dead 12 people in Cumbria, had held a firearms licence for 20 years.”

Full story

BBC News, 2nd November 2010

Source: www.bbc.co.uk

Derrick Bird Cumbria killings – gun rules may change – BBC News

“Changes to national firearms licensing have been recommended after a review into the Derrick Bird killings.”

Full story

BBC News, 2nd November 2010

Source: www.bbc.co.uk

Illegal fertility company owners given suspended prison sentence – The Guardian

“Two men who netted £250,000 after providing women with access to sperm through an illegal fertility company were spared an immediate jail term today.”

Full story

The Guardian, 12th October 2010

Source: www.guardian.co.uk

Stockton-on-Tees Borough Council v Fidler and others – WLR Daily

Stockton-on-Tees Borough Council v Fidler and others [2010] EWHC 2430 (Admin); [2010] WLR (D) 244

“The definition of ‘private hire vehicle’ in s 80(1) of the Local Government (Miscellaneous Provisions) Act 1976, with its express exclusion of hackney carriages, had to be read into the references to ‘private hire vehicle’ in sections 46(1)(d)(e); and the words ‘hackney carriage’, where they appeared in s 80(1), were not confined to a vehicle licensed as a hackney carriage by the local authority which was seeking to enforce within its own area the provisions of the 1976 Act, but extended to any vehicle licensed as a hackney carriage wherever so licensed. However. it was an offence under s 45 of the Town Police Clauses Act 1847 for a hackney carriage licensed in one area to stand or ply for hire in another area where no licence had been granted to either the driver or the vehicle by the licensing authority for that area.”

WLR Daily, 11th October 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ricky Hatton stripped of boxing licence – BBC News

“Ricky Hatton has been stripped of his licence to box at a British Boxing Board of Control (BBBC) hearing but can still work as a promoter in the sport.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Two men convicted over illegal sperm donor firm – The Independent

“Two men are facing jail after they were convicted yesterday of running an illegal fertility company that gave women access to sperm donors. Nigel Woodforth, 43, ran the operation from the basement of his home in Reading, Berkshire, with 49-year-old Ricky Gage. A jury at Southwark Crown Court, in south London, convicted both men of three counts each of providing sperm without a licence or third-party agreement.”

Full story

The Independent, 18th September 2010

Source: www.independent.co.uk

Pair made £250,000 from illegal sperm donor service, court told – The Guardian

“Two businessmen earned £250,000 through an illegal fertility company providing women with access to sperm donors, a court heard today. In the first case of its kind, a jury was told that Nigel Woodforth, 43, ran the firm from the basement of his home in Reading, Berkshire, with 49-year-old Ricky Gage.”

Full story

The Guardian, 13th September 2010

Source: www.guardian.co.uk

All-day drink law was a mistake, says Sir Hugh Orde – BBC News

“The 24-hour drink licensing laws were a ‘mistake’, Association of Chief Police Officers president Sir Hugh Orde says.”

Full story

BBC News, 1st August 2010

Source: www.bbc.co.uk

Overhauling the Licensing Act – Home Office

“Proposals for tough new measures to crack down on problem premises and give more powers for local communities were unveiled by the government today.”

Full press release

Home Office, 28th July 2010

Source: www.homeoffice.gov.uk

Regina (Raphael) v Highbury Corner Magistrates’ Court and another – WLR Daily

Regina (Raphael) v Highbury Corner Magistrates’ Court and another [2010] EWHC 1502 (Admin); [2010] WLR (D) 178

“There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force.”

WLR Daily, 9th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Police press home secretary to call time on late-night drinking laws – The Guardian

“There was a high-pitched shriek; then the fight started. For several moments, the group of girls tore into each other before bouncers pulled them apart. Outside the 24-hour off-licence across the road, a crowd of lads cheered above a sound track of breaking bottles, swearing and heavy bass lines.”

Full story

The Guardian, 20th June 2010

Source: www.guardian.co.uk

UK’s gun laws are among the toughest in the world – The Independent

“Britain is one of the most regulated countries in the world when it comes to owning guns.”

Full story

The Independent, 3rd June 2010

Source: www.independent.co.uk

Judge calls for review of 24 hour licensing laws – Daily Telegraph

“A judge has called for a review of the 24 hour licensing laws after becoming exasperated at dealing with cases of drunken violence ‘on an almost daily basis’.”

Full story

Daily Telegraph, 5th May 2010

Source: www.telegraph.co.uk

Lap-dancing clubs may take cases to European court – The Guardian

“Strip clubs could use the Human Rights Act to oppose legislation allowing councils greater freedom to turn down lap-dancing licence applications, venue owners say.”

Full story

The Guardian, 19th April 2010

Source: www.guardian.co.uk

Lap-dancing club rules change comes into force – BBC News

“Lap-dancing clubs in England must apply to councils for a licence under new rules which have come into force.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Lord Neuberger calls for single appeals tribunal – Law Society’s Gazette

“The master of the rolls has recommended that a single body should be responsible for hearing appeals brought by lawyers or legal businesses found to have breached licensing and ownership rules. Lord Neuberger said it is essential that common standards are applicable across the profession.”

Full story

Law Society’s Gazette, 25th March 2010

Source: www.lawgazette.co.uk

New powers to crack down on lap-dancing clubs – BBC News

“New powers to control lap-dancing clubs are being given to councils in England and Wales, the Home Office has said.”

Full story

BBC News, 12th February 2010

Source: www.bbc.co.uk

Government proposes exemption of small venues from live music licence – The Guardian

“New consultation announced into removing the licensing requirements for concerts with less than 100 attendees.”

Full story

The Guardian, 4th January 2010

Source: www.guardian.co.uk

Peers: lap dancing is a respectable career – Daily Telegraph

“Parliament is currently considering laws which would give local residents greater power to object to ‘gentlemen’s clubs’ which have grown in number substantially since the Government relaxed the licensing laws.”

Full story

Daily Telegraph, 17th August 2009

Source: www.telegraph.co.uk

Licensing law holding back young musicians, MPs warn – The Guardian

“‘Absurd’ licensing laws could be damaging the prospects of young musicians, MPs have warned.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Hall & Woodhouse Ltd v Poole Borough Council – WLR Daily

Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131

“The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of the person charged with the offence and find whether as a matter of fact he had carried on or attempted to carry on an licensable activity, as defined in s 1 of and Schs 1 and 2 to the Act, otherwise than in accordance with an authorisation.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Licences plan for clamping firms – BBC News

“Wheel clamping companies will have to conform to tough new licensing regulations in order to operate, under new Home Office proposals.”

Full story

BBC News, 3rd April 2009

Source: www.bbc.co.uk

Rules to curb lapdancing could mean more strip nights in local pubs – The Guardian

“Flaws in proposed legislation aimed at curbing lapdancing venues could lead to more one-off strip nights at pubs and clubs, campaign groups warned yesterday.”

Full story

The Guardian, 14th February 2009

Source: www.guardian.co.uk

Bill will let councils close lap dancing clubs near schools – The Guardian

“Lap dancing clubs may be closed if they are located too near ‘inappropriate’ sites such as schools, under transitional powers contained in the policing and crime bill published yesterday.”

Full story

The Guardian, 19th December 2008

source: www.guardian.co.uk

Smoke ban row landlord in court – BBC News

“A landlord who has refused to enforce the smoking ban is in a High Court battle over his local council’s bid to revoke his premises licence.”

Full story

BBC News, 2nd December 2008

Source: www.bbc.co.uk

Lap dance laws ‘to be tightened’ – BBC News

“Jacqui Smith has told the BBC that the government will take action to tighten licensing laws for lap-dancing clubs.”

Full story

BBC News, 27th November 2008

Source: www.bbc.co.uk

R (Bassetlaw District Council) v Worksop Magistrates’ Court – WLR Daily

R (Bassetlaw District Council) v Worksop Magistrates’ Court; [2008] WLR (D) 350

On the determination under s 52 Licensing Act 2003 of an application for review of a premises licence in circumstances involving criminal conduct connected with the licensed premises, consideration must be given to what was necessary to promote the objective of crime prevention, and to the needs of the wider community, and not be limited to guidance and remedial action and to the needs of the licence-holders.”

WLR Daily, 10th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lap dancing clubs ‘no trouble’ – BBC News

“Police find it difficult to close down lap dancing clubs because their customers are usually well-behaved, a vice squad chief has told MPs.”

Full story

BBC News, 14th October 2008

Source: www.bbc.co.uk

Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily

Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314

“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”

WLR Daily, 13th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Call to give local people power to block licensing applications – The Guardian

“People could be given the power to object to alcohol licensing applications on public health grounds under a radical plan from a commission charged with improving health in the most sickly city in the UK.”

Full story

The Guardian, 18th September 2008

Source: www.guardian.co.uk

Tougher lap dance licensing urged – BBC News

“Councils are powerless to stop the spread of lap dancing clubs and licensing laws need to be tightened up, the government has been urged.”

Full story

BBC News, 15th August 2008

Source: www.bbc.co.uk

Police demand action after pubs ditch drinking code – The Guardian

“The drinks industry has torn up a voluntary code banning aggressive happy-hour deals and other irresponsible drinks promotions in more than half of the UK’s 57,000 pubs.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Pubs face tough laws to stop dangerous drinking – The Independent

“More than 10 million adults consume dangerous amounts of alcohol, and drink-related hospital admissions are soaring, ministers warned as they told pubs and clubs to scrap cynical ploys aimed at boosting alcohol sales to young revellers.”

Full story

The Independent, 23rd July 2008

Source: www.independent.co.uk

Pubs may be forced to to offer smaller glass sizes for wine and spirits – The Times

“Pubs and bars could be forced to offer smaller glass sizes under plans to tackle binge drinking being drawn up by ministers. Action against premises that offer the largest measures of wine and spirits as standard is one of the key elements of a package due to be announced this autumn.”

Full story

The Times, 19th July 2008

Source: www.timesonline.co.uk

Welsh pub banned from selling alcohol – The Guardian

“A Welsh pub has been banned from selling alcohol for a month as part of a series of tough measures to reduce bad behaviour, the local council said today.”

Full story

The Guardian, 8th July 2008

Source: www.guardian.co.uk

Sex and the citizen: a licence to thrill? – The Independent

“The number of lap-dancing clubs has doubled in four years, thanks to a relaxation of licensing laws and despite local objections. But now an MP is fighting back.”

Full story

The Independent, 18th June 2008

Source: www.independent.co.uk

Loophole has allowed spread of lap dancing clubs, say campaigners – The Guardian

“The number of lap dancing clubs across Britain has doubled to more than 300 in four years because of a loophole in legislation, according to a report published today. The marketing of lap dancing as a leisure industry rather than as a branch of the commercial sex industry has helped its rapid expansion since the first mainstream club opened in 1995.”

Full story

The Guardian, 22nd April 2008

Source: www.guardian.co.uk

Alcohol law claims only one victim – The Times

“Only one person has been found guilty of selling alcohol to a drunk person since the 2003 Licensing Act was introduced, a minister has admitted.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

New powers for police to shut rowdy venues and cut drink-related crime – The Guardian

“Ministers are to give the police and local authorities powers to create ‘alcohol-free zones’ through the wholesale withdrawal of licences from pubs and clubs in city-centre problem areas.”

Full story

The Guardian, 5th March 2008

Source: www.guardian.co.uk

Jury’s still out on 24-hour drinking – The Independent

“Gordon Brown will keep open the option of reversing the controversial move to allow pubs and clubs to open 24 hours a day.”

Full story

The Independent, 4th March 2008

Source: www.independent.co.uk

Relaxed pub laws ‘moved crime to early hours’ – Daily Telegraph

“An attempt to create a Continental-style cafe culture by letting pubs and clubs open for longer will be branded a failure in a major Government review, with people drinking more and committing crimes late into the night.”

Full story

Daily Telegraph, 25th February 2008

Source: www.telegraph.co.uk

QCs, Law Soc in face-off over solicitor code rights – The Lawyer

“Two leading silks have initiated proceedings against the Law Society for the right to include the new Solicitors’ Code of Conduct in a handbook they co-authored.”

Full story

The Lawyer, 11th February 2008

Source: www.thelawyer.com

Gordon Brown to keep 24-hour drinking law – Daily Telegraph

“Gordon Brown may be forced to keep controversial 24-hour drinking laws after it emerged that his own review of the measures had found little evidence that they had fuelled Britain’s alcohol culture.”

Full story

Daily Telegraph, 3rd January 2008

Source: www.telegraph.co.uk

500 pubs adopt 24-hour drinking – BBC News

“About 500 pubs and clubs in England and Wales have been granted 24-hour licences in the two years since laws were changed, government figures show.”

Full story

BBC News, 8th November 2007

Source: www.bbc.co.uk

Private eyes slam licensing scheme – Daily Telegraph

“Top corporate sleuths working in Britain are at loggerheads with the Government over its plans to introduce a cumbersome licensing scheme that they believe will hamper inquiries, raise costs and potentially endanger investigators.”

Full story

Daily Telegraph, 19th October 2007

Source: www.telegraph.co.uk

Brown “may reverse drinking laws” – BBC News

“Gordon Brown has said he could overturn the recent law allowing pubs in England and Wales to open 24 hours a day.”

Full story

BBC News, 24th September 2007

Source: www.bbc.co.uk

Regina (British Union for the Abolition of Vivisection) v Secretary of State for the Home Department – Times Law Reports

Death not ‘adverse effect’

Regina (British Union for the Abolition of Vivisection) v Secretary of State for the Home Department

Queen’s Bench Division

“The death of an animal used in a regulated procedure for scientific experimentation was not an adverse effect which needed to be taken into account when deciding whether to grant a licence for such experiments. Rather, the statutory scheme governing such licences was concerned with the pain and suffering which animals might experience before death.”

The Times, 27th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Alcohol law ‘trebles’ A&E visits – BBC News

“The introduction of 24-hour drinking laws may have trebled alcohol-related admissions to A&E departments in inner city areas at night, researchers say.”

Full story

BBC News, 18th July 2007

Source: www.bbc.co.uk

Musicians ‘silenced by petty laws’ – The Times

“Red tape introduced in the 2003 Licensing Act is stifling small-scale gigs and performances, a report commissioned by ministers has found.”

Full story

The Times, 4th July 2007

Source: www.timesonline.co.uk

Belfast City Council v. Miss Behavin’ Ltd. – WLR Daily

Belfast City Council v. Miss Behavin’ Ltd. [2007] UKHL 19 

“A licensing authority, in refusing an application for a sex establishment licence, had been entitled to take objections and representations made after the expiry of the prescribed 28-day period into account. Where it had acted fairly and properly exercised its powers its decision was not vitiated by failure to refer specifically to the applicant’s Convention rights.”

WLR Daily, 25th April 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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