In the matter of an application for Judicial Review by Belfast City Council
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 05 February 2008 |
| Neutral Citation | [2008] NIQB 13 |
| Year | 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 05 February 2008 |
1
Neutral Citation no. [2008] NIQB 13 Ref:
KER7068
Judgment: approved by the Court for handing down Delivered:
5.2.08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY
BELFAST CITY COUNCIL
__________
Before Kerr LCJ and Campbell LJ
__________
KERR LCJ
Introduction
[1] This is an application for judicial review by Belfast City Council,
challenging two sentencing decisions of Sarah Creaner, a deputy resident
magistrate, sitting at Belfast Magistrates’ Court. Two defendants, an
entertainments licensee, Moyola Cellars Ltd, and the operations manager of a
nightclub, Stephen Carson, both pleaded guilty to the offence of allowing a
final exit to be barred shut thereby impeding a means of escape in the event of
a fire or other emergency. These offences had been preferred under
paragraph 10(2) of the First Schedule to the Local Government (Miscellaneous
Provisions) (Northern Ireland) Order 1985. They were each fined £100.
[2] Belfast City Council is the local authority with responsibility for issuing
entertainments licences in the city. Moyola Cellars Ltd is the holder of the
relevant licence which covers the Elephant Room in the Europa Hotel. Mr
Carson is the operations manager of the Europa and had responsibility for the
arrangement of entertainment in the hotel.
The facts
[3] At 11.15pm on 2 September 2006, Monica Gallagher, an assistant building
control manager with the council, entered the Europa Hotel for the purpose of
checking whether the terms of the entertainments licence were being
complied with. The licence included the following terms: -
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Hamill's (Jessica) Application
...inferior court, tribunal or other statutory body for error of law” which proposition was applied in Re Belfast City Council’s Application [2008] NI 277 where a sentence imposed by a magistrate was quashed on the basis of an error of law being obviously wrong in the sense that it fell clearl......