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.

    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
    • 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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Books & Journal Articles
  • Offences and Case Law
    • No. 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
    • No. 29-1, January 1956
    • Police Journal: Theory, Practice and Principles
    ... ... 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
    • No. 6-1, April 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...
    ... ... 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 ... ...
  • Mass shootings in Australia and the United States, 1981-2013
    • No. 1-3, September 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 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 ... ...
  • 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 s 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, ... ...
  • The UK’s Sanctions and Anti-Money Laundering Act Enters into Law
    • JD Supra United Kingdom
    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 ... ...
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