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28 April 2011
Issue: 7463 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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