Licensing and Permits in UK Law
R (Nicholds and Others) v Security Industry Authority
In most instances where a discretionary power is conferred it would be wrong for the decision maker to frame a rule in absolute terms because to do so would defeat the statutory purpose. However, it seems to me that there are certain exceptional statutory contexts where a policy may lawfully exclude exceptions to the rule because to allow exceptions would substantially undermine an important legislative aim which underpins the grant of discretionary power to the authority.
The business has a capital value or goodwill only if the entity can be, and is, organised in a way that allows future cash flows to be capitalised. Nonetheless, it is clear on Strasbourg jurisprudence, now confirmed by high domestic authority, that A1P1 protects only "goodwill", as a form of asset with a monetary value, and does not protect an expected stream of future income which, for mainly organisational reasons, cannot be or is not capitalised.
How should a licence or permission be treated under A1P1? It seems to me that certain licences or permissions are "assets", that is, they have a monetary value and can be marketed for consideration, either through outright sale, "leasing", or sub-licensing. A more difficult case is a licence which has been acquired at a "market" price but which may not be assigned or sub-licensed.
However, there are other licences or permissions that are neither marketable nor have been obtained at a "market" price, that is, a price representing what is thought to be the value of net discounted future cash flows that the licence might generate. Such a licence in one sense has a value to the holder because, without it, he cannot carry on the licensable activities. However, such licences do not seem to me to be "assets" having monetary value in the sense required by A1P1.
Furthermore, to treat such licences as "possessions" would, in my view, risk introducing unjustified distinctions into what is already a fairly complex area of law. If licensable activities enjoyed higher protection, the result in Countryside Alliance (that the expectation of future earnings was not a possession) could have been different if hunting had first been a licensable activity and the effect of the ban in the Hunting Act 2004 had been to make such licences worthless.
R v Edwards
It is limited to offences arising under enactments which prohibit the doing an act save in specified circumstances or by persons of specified classes or with specified qualifications or with the licence or permission of specified authorites Whenever the prosecution seeks to rely on this exception, the Court must construe the enactment under which the charge is laid.
Frome United Breweries Company v Bath Justices
My Lords, if there is one principle which forms an integral part of the English law, it is that every member of a body engaged in a judicial proceeding must be able to act judicially; and it has been held over and over again that, if a member of such a body is subject to a bias (whether financial or other) in favour of or against either party to the dispute or is in such a position that a bias must be assumed, he ought not to take part in the decision or even to sit upon the tribunal.
Haulage Permits and Trailer Registration Act 2018
... ... Licensing of operators of goods vehicles: temporary exemptions etc ... 11: Licensing of operators in Great Britain ... (1) The Goods Vehicles (Licensing of ... ...
Air Weapons and Licensing (Scotland) Act 2015
... ... 2, sch. (with arts. 5, 6) # I72 S. 11(5)(6) in force at 31.12.2016 by S.S.I. 2016/130, art. 3(a) (with art. 4) ... 12: Police permits ... (1) The chief constable may, on the application of an individual, grant a permit (“a police permit”) authorising the individual—(a) to ... ...
- The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005
Licensing Act 1953
... ... 140 Permitting licensed premises to be a brothel ... (1) If the holder of a justices' licence permits the ... licensed premises to be a brothel, he shall be liable to a fine not ... exceeding twenty pounds ... (2) If the holder of a justices' ... ...
Criminal Law Additions and Alterations
... ... Additions and Alterations THE ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1960. S.L No. 1648 of 1960. T HE SE ... to betting licensing committees and applications for permits and licences. rst Jan. 1961 Committees may hear applications for ... ...
Offences and Case Law
... ... SECTION 100 LICENSING ACT 1953. (2) Nothing shall prohibit or restrict:- (a) the sale or ... "Private friends" The Licensing Act permits the holder of a licence to supply intoxi- cating liquor during ... ...
Street Trading Permits
... ... activities of perverted men who accost young childrenandso prevent sexual crimes being committed.StreetTradingPermitsAn Experiment in Local Licensing and ControlByCHIEFINSPECTORJAMES MADILL,Registrar," CityofGlasgow Police.IT is proposed in this article to examine some aspects of a particulartype ... ...
Exploring the case of The White Moustache. Entrepreneurship and regulatory capture in the milk products industry
Purpose: Small and emerging business failure rates are high for numerous reasons. Government regulation has been cited as a contributing factor, yet literature documenting the actual effects of gov...... ... entrepreneur and employees as well as time spentseeking licenses, permits, and understanding regulation. Second, they must cover the actualcosts of ... operation like TWM.In addition to the outlined costs of permits, licensing, and adhering to regulation TWMstill faced the ordinary costs of doing ... ...
Green light for more UK exploratory shale gas wells
Nottinghamshire County Council’s Planning and Licensing Committee (the Committee) has approved plans to drill the county’s first exploratory shale gas wells. The approval which permits drilling two...
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New site explores Anglo-American legal tradition
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The UK’s Sanctions and Anti-Money Laundering Act Enters into Law
Background - On 23 May 2018, the Sanctions and Anti-Money Laundering Act became law in the United Kingdom. Its aim is to provide a legal framework to allow the UK to impose sanctions and implement ...... ... Permits the Government to defer sanctions through exceptions and licensing. The ... ...