Issue - meetings

Legislative and Industry Update

 

Meeting: 08/01/2019 - Licensing Committee (Item 23)

23 Legislative and Industry Update pdf icon PDF 73 KB

Minutes:

The Legal Advisor updated the Committee on a recent licensing appeal considered by the High Court regarding the London Borough of Lambeth’s decision to revoke the Premises Licence of a 24-hour convenience store. It was noted that the applicant appealed the decision and the Magistrates Court upheld the appeal and ordered the London Borough of Lambeth to pay legal costs. Subsequently, the London Borough of Lambeth appealed the decision to the High Court, where the High Court upheld Lambeth's appeal.

 

The Legal Advisor informed Members that the decision provided confirmation that a Magistrates Court, when hearing a licensing appeal, should not substitute its view for that of a local authority unless it is clearly satisfied that the original decision was wrong and that they should have sufficient reasons to justify its decision.

 

Members welcomed the judgement.

 

RESOLVED:

 

That the Committee note the report.