Regulated Premises in UK Law

Leading Cases
  • 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.

  • Hall & Woodhouse Ltd v Poole Borough Council
    • Queen's Bench Division (Administrative Court)
    • 03 Abril 2009

    I agree that the statutory expression is broad enough to cover the case where a freehold owner carries on the business of letting premises to tenants on the basis that the tenant will carry on licensable activities at the premises.

    I should note that the guidance issued by the Secretary of State under section 182 of the Act states at paragraph 8.20 that in the case of public houses it would be easier for a tenant to demonstrate that it has carried on a business within section 16(1)(a) than it would be for a pub-owning company that does not itself carry on licensable activities.

  • Re Truman, Hanbury, Buxton & Company Ltd's Application
    • Court of Appeal
    • 28 Octubre 1955

    It seems to me that if, as sometimes happens, the character of an estate as a whole or of a particular part of it gradually changes, a time will come when the purpose to which I have referred can no longer be achieved, for what was intended at first to be a residential area has become, either through express or tacit waiver of the covenants, substantially a commercial area.

  • Vane v Yiannopoullos
    • House of Lords
    • 19 Noviembre 1964

    It is, however, quite another matter to extend a long-standing anomaly particularly because there may in this matter be good practical reasons for requiring a licence holder to be specially careful about the person whom he chooses to leave in charge in his absence. One might have expected to find in the Licensing Acts some provisions regulating the position in the common case of a licence holder being absent from the licensed premises during the permitted hours, but there appears to be none.

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

    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.

  • R v Stafford Crown Court, ex parte Shipley
    • Court of Appeal (Civil Division)
    • 12 Diciembre 1997

    As it seems to me, the answers to those questions are to be found in Henry LJ's judgment, explaining as it does the scheme of the legislation as a whole and the intended role within it of the SHC regime. During whatever hours of trading are permitted by the SHC the drinking must "on the whole" be ancillary to the provision of food and/or entertainment; an SHC should not be granted to an ordinary public house so as to turn it into a "late night pub."

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Legislation
  • Regulation and Inspection of Social Care (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ... ... Chapter defines some key terms including what is meant by a "regulated service" in this Act, and sets out the general objectives of the Welsh ... (iii) powers allowing for the inspection of premises used in connection with the exercise of those functions; ... (iv) powers ... ...
  • Health and Social Care Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ... ... 2008/2497, art. 2(d) ... Introductory ... 8: “Regulated activity” ... (1) In this Part “regulated activity” means an ... on by S, or the activity as carried on by S at or from particular premises, must be managed by an individual who is registered under this Chapter as ... ...
  • The Mortgage Credit Directive Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 1 (amendments to the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013) ... (4) The following ... documents: supplemental provisions) ;(l) section 176 (entry of premises under warrant) ;(m) section 176A (retention of documents taken under ... ...
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision;“premises” means—(a) any building or other structure, including any machinery, engineering systems or other objects which are physically affixed and ... ...
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Books & Journal Articles
  • Statutes And Reports Of Committees: Report of the Committee on Housing in Greater London1 Rent Act 1965
    • No. 29-2, March 1966
    • The Modern Law Review
    ... ... for tenants of agricultural holdings or business premises.4 In 1962 public opinion became seriously disturbed about allega- ... and superimposing thereon a new system of '' regulated tenancies." Much of it is a classic example of intricate ... ...
  • Looking for ‘Ms Big’
    • No. 2-3, April 1994
    • Journal of Financial Crime
    • 179-186
    Recent criminological attention has tended to focus upon those areas from which direct policy proposals can be made, whether it be to improve the ways in which the criminal justice system treats vi...
    ... ... what might be called 'critiques from within': that is, if the premises of criminology are correct, they should be able to cope with female ... attitude of those employed to enforce the self-policing of the regulated sectors of the economy to the police and indeed their definition of what ... ...
  • Premises recovery through adoption of alternative dispute resolution (ADR) techniques. Experiences from Lagos, Nigeria
    • No. 11-1, March 2019
    • Journal of Property, Planning and Environmental Law
    • 67-80
    Purpose: This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing...
    ... ... Meanwhile,recovery of premises through litigation is strictly regulated by statute, thereforemaking it difficult to be achieved easily in reality (Wigwe, 2011). For instance, alandlord who seeks to recover his premises ... ...
  • The Regulation of Non-Surgical Cosmetic Procedures
    • No. 11-1, January 2021
    • Southampton Student Law Review
    • Sophie Cole
    • LLB (Soton)
    • 37-49
    The growth of non-surgical cosmetic procedures has brought with it concerns over the regulation of the industry. Procedures such as dermal fillers and botox injections are becoming increasingly pop...
    ... ... of a comprehensive statute to greater control the products, premises and practitioners involved in the administration of non-surgical ... 13 Moreover, the Care Quality Commission (CQC), which has regulated the sector since October 2010, concerns ‘cosmetic surgery that involves ... ...
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Law Firm Commentaries
  • Relaxation Of Licensing Hours For The Royal Wedding
    • Mondaq United Kingdom
    ... ... of State to make an order relaxing opening hours for licensed premises to mark occasions of 'exceptional international, national or local ... sale or supply of alcohol for consumption on the premises;  - regulated entertainment; and   - late night refreshment where alcohol is also ... ...
  • New Spanish Air Pollution Legislation
    • Mondaq United Kingdom
    ... ... ("Autorización Ambiental Integrada") and ... regulated under Law 16/2002 implementing the EU IPPC Directive ... This Law ... premises ... Immediately notifying the relevant Regional Government of ... ...
  • Legal Developments In Construction Law: July 2019
    • Mondaq UK
    ... ... Safety) Order 2005, which regulates fire safety in non-domestic premises. This call for evidence is the first step to update the evidence base to nsure that the Order is fit for purpose for all regulated premises ... The consultation and the call for evidence both close on ... ...
  • Less Filler, Less Killer: Regulation Of The Beauty Industry
    • Mondaq UK
    ... ... , dental nurse, midwife or dental care professional are now regulated by Health Improvement Scotland. However, the procedures themselves are not ... without having to be registered with anyone, and without their premises being regulated ... A number of pharmacists have now entered the ... ...
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Forms
  • Particulars of claim (Mortgaged residential premises)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... to live; or ... • make an order that you give up ... possession a very short time ahead ... • if the loan agreement is ‘regulated’ ... (see paragraph 4 of the particulars ... of claim) the judge can make other ... orders which may help you ... Getting help ... You should get ... ...
  • Respond to a mortgage lender's claim against you
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Click here to print form ... (mortgaged residential premises) ... Name of Claimant ... Name of Defendant ... Date of hearing ... of it) is a regulated consumer credit agreement) ... Do you want the court to consider whether ... ...
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