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30 July 2009
Issue: 7380 / Categories: Case law , Law digest
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Licensing

Hall & Woodhouse Ltd v Borough and County of the Town of Poole [2009] EWHC 1587 (Admin), [2009] All ER (D) 226 (Jul)

Section 136(1)(a) of the Licensing Act 2003 was directed at persons who, as a matter of fact, actually carried on or attempted to carry on a licensable activity on or from premises. Though the section was not directed at premises licence holders as such, it would be a question of fact in each and every case as to whether or not a person or body in such position was in breach.

The holder of a premises licence could not be made automatically liable under the section by virtue of the fact that that person or body held a premises licence. The fact that a premises licence holder had an arrangement whereby a third party operated its premises did not alter the position either. Section 136(1)(a) was not a section that established some form of criminal vicarious liability or imputation of criminal conduct: a premises licence holder was not liable under the section as a matter of

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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