Licensing and Permits in UK Law

Leading Cases
  • R v Edwards
    • Court of Appeal (Criminal Division)
    • 21 May 1974

    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
    • House of Lords
    • 07 May 1926

    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.

  • R (Nicholds and Others) v Security Industry Authority
    • Queen's Bench Division (Administrative Court)
    • 19 Jul 2006

    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.

    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 (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
    • House of Lords
    • 27 Ene 2005

    It may often be very difficult to address effective representations without knowing the points which are troubling the decision-maker. The prisoner should have the benefit of a procedure which fairly reflects, on the facts of his particular case, the importance of what is at stake for him, as for society.

  • Laker Airways Ltd v Department of Trade
    • Court of Appeal (Civil Division)
    • 15 Dic 1976

    In short, I do not think that the Attorney-General's argument that the prerogative power and the power under the municipal law can march side by side each operating in its own field, is right. I think Parliament must be taken to have intended to fetter the prerogative of the Crown in this relevant respect.

  • Miss Behavin' Ltd v Belfast City Council
    • House of Lords
    • 25 Abr 2007

    This is an area of social control in which the Strasbourg court has always accorded a wide margin of appreciation to member States, which in terms of the domestic constitution translates into the broad power of judgment entrusted to local authorities by the legislature. If the local authority exercises that power rationally and in accordance with the purposes of the statute, it would require very unusual facts for it to amount to a disproportionate restriction on Convention rights.

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Legislation
  • The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005
    • UK Non-devolved
    • 1 de Enero de 2005
  • Air Weapons and Licensing (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ...... . . pending the determination or withdrawal of the appeal. Permits Permits . S-12 . Police permits 12 Police permits . (1) The chief constable may, on the application of an individual, grant a permit ("a police ......
  • Gambling Act 2005
    • UK Non-devolved
    • 1 de Enero de 2005
    ...... Principal concepts Principal concepts. . S-1 . The licensing objectives 1 The licensing objectives . . In this Act a reference to ...permits premises to be used, to— . . (a) operate a casino,. . . (b) provide ......
  • Licensing Act 1964
    • UK Non-devolved
    • 1 de Enero de 1964
    ......) supplies intoxicating liquor in contravention of subsection. (1) of this section, or. .   . ( b . ) being the occupier of any premises, permits them to. be used for a party, and that subsection is contravened. at the party, or. .   . ( c . ) being a person concerned in the organisation of ......
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Books & Journal Articles
  • Criminal Law Additions and Alterations
    • Núm. 25-1, Enero 1961
    • Journal of Criminal Law, The
    ...... 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 ......
  • Human trafficking
    • Núm. 8-4, Noviembre 2008
    • Criminology & Criminal Justice
    This article looks at the phenomenon of trafficking in human beings, with examples drawn from intergovernmental organizations, the European Union and the UK. It begins by outlining legal recognitio...
    ...... and Home Affairs Council adopted the directive on residence permits issued to third-country nationals, who co- operate with the authorities , ... cut off by rising tides when cockle-picking, the Gangmaster (Licensing) Act 2004 was adopted in an attempt to undermine the grey world of illegal ......
  • Exploring the case of The White Moustache. Entrepreneurship and regulatory capture in the milk products industry
    • Núm. 6-1, Abril 2017
    • Journal of Entrepreneurship and Public Policy
    • 41-59
    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...
    ...... dairy regulations placed on TWM as they sought the necessary permitsto sell their artisan yogurt.Findings –Strict and unresponsive re gulation ... operation like TWM.In addition to the outlined costs of permits, licensing, and adhering to regulation TWMstill faced the ordinary costs of doing ......
  • Mass shootings in Australia and the United States, 1981-2013
    • Núm. 1-3, Septiembre 2015
    • Journal of Criminological Research, Policy and Practice
    • 131-142
    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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Law Firm Commentaries
  • Green light for more UK exploratory shale gas wells
    • LexBlog United Kingdom
    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 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 wells to explore the rock geology near Misson was approved by ......
  • US-EU-UK Export Controls and Sanctions Update
    • LexBlog United Kingdom
    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 Amends Licensing Policy Regarding the Hong Kong Special Administrative Region (Hong Kong) ......
  • New site explores Anglo-American legal tradition
    • LexBlog United Kingdom
    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, ......
  • UK Government Business and Planning Bill – Licensing update
    • JD Supra United Kingdom
    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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