Licensing and Permits in UK Law

Leading Cases
  • R (Nicholds and Others) v Security Industry Authority
    • Queen's Bench Division (Administrative Court)
    • 19 Julio 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.

    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. In other words, the Convention, differing perhaps in this respect from the law of the European Union, protects assets which have a monetary value not economic interests as such.

    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
    • Court of Appeal (Criminal Division)
    • 21 Mayo 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 Mayo 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.

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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 1953
    • UK Non-devolved
    • 1 de Enero de 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' licence is ......
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Books & Journal Articles
  • Criminal Law Additions and Alterations
    • Nbr. 25-1, January 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 ......
  • Offences and Case Law
    • Nbr. 30-1, January 1957
    • Police Journal: Theory, Practice and Principles
    ......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
    • Nbr. 29-1, January 1956
    • Police Journal: Theory, Practice and Principles
    ......Street Trading Permits An Experiment in Local Licensing and Control By CHIEF INSPECTOR JAMES MADILL, Registrar," City of Glasgow Police. I T is proposed in this article to examine some aspects ......
  • Human trafficking
    • Nbr. 8-4, November 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 ......
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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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Forms
  • Chapter IDG51800
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......The GLAA’s remit is established through the Gangmasters (Licensing) Act 2004 and Immigration act 2016, and in its strategic objectives as ...Legislation that permits disclsoure. Section 19, Gangmasters (Licensing) Act 2004 permits specified ......
  • Chapter INCHP03050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......This is now controlled by ALVS (Automated Licensing Verification System). Certificates of conformity for fruit and vegetables. ...CITES. Original CITES import and export permits must be presented at the frontier for inspection and stamping before ......
  • Chapter SGSELSG4070
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... Goods: Exporting Vintage Aircraft - OGEL (Vintage Aircraft) permits the temporary exportation for a period of not more than three months of ......
  • Chapter SGSAROA6020
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Prohibitions and restrictions (such as licensing requirements) contraventions will continue to be dealt with under existing ...The following action for failure to correctly declare licences/permits/etc has been agreed for all Prohibitions and Restrictions in relation to ......
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