Licensing and Permits in UK Law
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R (Nicholds and Others) v Security Industry Authority
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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.
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R v Edwards
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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.
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Frome United Breweries Company v Bath Justices
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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.
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Haulage Permits and Trailer Registration Act 2018
... ... Licensing of operators of goods vehicles: temporary exemptions etc ... 11: Licensing of operators in Great Britain ... ...
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Fisheries Act 2020
... ... Licensing of fishing boats ... 14: British fishing boats required to be licensed ... a provision of this Act shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to ... ...
- The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005
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Air Weapons and Licensing (Scotland) Act 2015
... ... 4) ... 12: Police permits ... (1) The chief constable may, on the application of an ... ...
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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 ... ...
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Mass shootings in Australia and the United States, 1981-2013
Purpose: – The purpose of this paper is to compare the incidence and main characteristics of mass shooting events in Australia and the USA in the period 1981-2013. Design/methodology/approach: – T...... ... that prescribe:■processes around the acquisition of licenses and permits, registration of firearms and safekeeping and storage of firearms; ... of all firearms, with the establishment of an integrated licensing andregistration scheme;■the need to demonstrate “genuine reason”to ... ...
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‘Āina under the influence
The imposition of Western law in Hawai‘i extended novel sets of regulation and control on the colonized Native Hawaiians. A primary focus of the law was the control of drinking and ...... ... Governance also takes place in less direct ways through licensing whereby drinkers (or consumers of drugs) are controlled through con- ... for whites whose drinking could be regulated through licensing and permits and another for native subjects of the Kingdom whose drinking was ... ...
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Offences and Case Law
... ... and friends of his own, within the meaning of the Licensing ... OFFENCESANDCASE LAW 65Act 1874; and it was held by the Appeal ... within the meaning of the rule."Private friends"The Licensing Act permits the holder of a licence to supply intoxi-cating liquor during prohibited ... ...
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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......Nottinghamshire County Councils Planning and Licensing Committee (the Committee) has approved plans to drill the countys first ploratory shale gas wells. The approval which permits drilling two wells to explore the rock geology near Misson was approved by ... ...
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UK Government Business and Planning Bill – Licensing update
To help food and beverage operators to maximise their capacity whilst complying with social distancing guidelines, the Bill introduces a fast track procedure for pubs, bars, restaurants and others ...... ... Alcohol Licences ... Provisions in the Bill temporarily vary the Licensing Act 2003 so that those holding a premises licence which only permits on sales on the day before the Bill takes effect, are automatically and immediately permitted to sell alcohol for consumption off-premises, either ... ...
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New site explores Anglo-American legal tradition
The O’Quinn Law Library at the University of Houston Law Center has launched a new Web site, Anglo-American Legal Tradition, that provides access to nearly half a million images of U.K. court docum...... ... The licensing agreement they reached in August 2006 permits the free, non-commercial, ... ...
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US-EU-UK Export Controls and Sanctions Update
The latest edition of our transatlantic export controls and sanctions update is available. In this publication, we look at the shifting regulatory framework for international trade compliance on bo...... ... Cultivation Chambers and Precursor Chemicals to the CCL BIS Permits Release of Technology in the Context of Standards Organizations DDTC s Licensing Policy Regarding the Hong Kong Special Administrative Region (Hong Kong) ... ...