Chief Constable of West Midlands Police v Marsden
| Jurisdiction | England & Wales |
| Judgment Date | 07 April 1995 |
| Date | 07 April 1995 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Owen
Licensing - special hours certificate - power of licensing justices
Licensing justices had power under section 81A of the Licensing Act 1964, as substituted by section 5(4) of the Licensing Act 1988, to specify a limitation as to the commencement hour of a special hours certificate.
Mr Justice Owen so stated in the Queen's Bench Division when allowing an appeal by the Chief Constable of West Midlands Police by way of case stated of a decision of Coventry Licensing Justices on July 18, 1994 not to specify the commencement time sought by the police for an existing special hours certificate held by Mr Aubrey Marsden in respect of a night club in Coventry.
Mr Marsden had no objection to the police application. The justices had held that the commencement time was fixed by statute as the end of normal permitted hours on the particular day.
Mr James Quirke for the chief constable.
MR JUSTICE OWEN said that the question was whether a special hours certificate merely added something, namely three hours, on to the general licensing hours provided for in section 60 of the Act, so that the premises in Coventry could be used until 2am instead of until 11pm; or, because it was a special hours certificate, whether that certificate replaced permission granted under section 60, so that for the day on which it operated it governed all the opening hours that day, that is, whether it applied from 10 am to 2am, ensuring that the chief constable would have extra control over how the premises...
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R v Stafford Crown Court, ex parte Shipley
...SHC. The appeal, however, was dismissed because the court (reluctantly) ruled that it was bound by Owen J's decision in Chief Constable of the West Midlands v Marsden (unreported, 7th April 1995); he had held that the power exists. By these judicial review proceedings the appellant seeks to......
- R v Stafford Crown Court, ex parte Chief Constable of Staffordshire