Licensing and Permits in UK Law

Leading Cases
  • 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.

    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. It might be thought unfair that a professional person such as a barrister cannot capitalise future earnings and therefore enjoy "goodwill" as a protected possession.

  • R v Edwards
    • Court of Appeal
    • 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.

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Books & Journal Articles
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Law Firm Commentaries
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    • 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 ......
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    • 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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