header-logo header-logo

28 April 2011
Issue: 7463 / Categories: Case law , Law digest
printer mail-detail

Licensing

Corporation of the Hall of Arts and Sciences v Albert Court Residents’ Association and others; Albert Court Residents’ Association and others v Westminster City Council [2011] EWCA Civ 430, [2011] All ER (D) 118 (Apr)

Neither the Licensing Act 2003 nor the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, (SI 2005/42) imposed any duty on a licensing authority to advertise an application or to take any steps to notify anyone affected by it that it had been made.

The sole duty to advertise and to give notice of an application was placed on the person making the application. An otherwise legitimate expectation could not require a public authority to act contrary to statute. Any failure by an authority to act in relation to its extra-statutory notifications could not give rise to any right to interfere with the performance of its statutory duties. When exercising any discretion or power of decision under the 2003 Act, a licensing authority had to do so with a view to promoting the licensing objectives.

However, once the authority was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
back-to-top-scroll