R (British Beer and Pub Association) v Canterbury City Council
| Jurisdiction | England & Wales |
| Judgment Date | 24 June 2005 |
| Neutral Citation | [2005] EWHC 1130 (Admin),[2005] EWHC 1318 (Admin) |
| Date | 24 June 2005 |
| Court | Queen's Bench Division (Administrative Court) |
QUEEN'S BENCH DIVISION
Before Mr Justice Richards
British Beer and Pub Association and Others
and
Canterbury City Council
Licensing - local authority policy - council pub licence application policy is unlawful
Council pub licence application policy is unlawful
A LOCAL authority policy which appeared to require applicants for public house licences to provide more detail than was required by statute was over prescriptive and unlawful.
Mr Justice Richards so held in the Queen's Bench Division in allowing the application of the British Beer and Pub Association, the Association of Licensed Multiple Retailers and the British Institute of Innkeeping for judicial review of Canterbury City Council's licensing policy. No relief was granted on the basis that the policy would be provided with an addendum.
Section 18 of the Licensing Act 2003 provides:
"(2) Subject to subsection (3), the authority must grant the licence in accordance with the...
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6 cases
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The Queen (Claimants) on the Application of and Others Westminster City Council (Defendant) Corporation of the Hall of Arts &Sciences (interested Party)
...a dictum from the judgment of Richards J (as he then was) in The British Beer and Pub Association &ors v Canterbury City Council [2005] EWHC 1318 (Admin) where the judge said this: “I accept the claimant's contention that a statement of licensing policy is unlawful if and in so far as i......
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R (Murco Petroleum Ltd) v Bristol City Council
...Relevant representations are dealt with in section 18(6)–(9). In British Beer and Pub Association v Canterbury City Council [2005] EWHC 1318 (Admin); (2005) 169 JP 521; [2006] BLGR 596, Richards J said that the effect of the provisions governing the making and determining of applications i......
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R (Khaled) v Foreign & Commonwealth Office
...such. Subject to such representations, as Richards J said [in The British Beer and Pub Association & ors v Canterbury City Council [2005] EWHC 1318 (Admin)], the applicant is entitled to the grant of his application. It would be contrary to that entitlement for the machinery to be under......
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R (JD Wetherspoon Plc) v Guildford Borough Council
...the first occasion on which the new statutory and regulatory regime has come before the courts: see R (British Beer and Pub Association and others) v Canterbury City Council [2005] EWHC 1318 (Admin) Mr Kolvin argued on behalf of the defendant that the case in fact turns on the local applica......
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5 books & journal articles
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What's yours can be mine: are there any private takings after Kelo v. City of New London?
...decision as rendering homes less safe from condemnation); David Kirkpatrick, Ruling on Property Seizure Rallies Christian Groups, N.Y. TIMES, July 11, 2005, at A13 (noting how some conservative Christian groups are concerned about the condemnation of church property in prime real estate are......
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Lynsey Morris Barron, Right to Counsel Denied: Corporate Criminal Prosecutions, Attorney Fee Agreements, and the Sixth Amendment
...Case Conviction, WASH. POST, June 1, 2005, at A1; Andrew Parker, Bathroom Metaphors Shed Light on KPMG Tax Avoidance Probe, FIN. TIMES, July 11, 2005, at 26. 5 Brandon L. Garrett, United States v. Goliath, 93 VA. L. REV. IN BRIEF 105, 105 (2007). Collapse is a very real possibility for corp......
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In the name of fetal protection: why American prosecutors pursue pregnant drug users (and other countries don't).
...methamphetamine as the number one drug problem in their area"); Katie Zernike, A Drug Scourge Creates its Own Form of Orphan, N.Y. TIMES, July 11, 2005, at A1; U.S. Warns of 'Global Meth Threat,' BBC NEWS, May 10, 2006, http://news.bbc.co.uk/2/ hi/Americas (38) Although media stories abound......
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Accountable altruism: the impact of the federal material support statute on humanitarian aid.
...into complacency, and ultimately preparing for renewed attacks"); see also Ayla Jean Yackley, 20 Injured in Turkish Resort Bomb, IRISH TIMES, July 11, 2005, World, at 11 (noting explosion of bomb for which militant wing of PKK claimed responsibility; bomb injured 20 people, including at lea......
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