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28 October 2011
Issue: 7487 / Categories: Case law , Law digest , In Court
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Licensing

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

Neither the Licensing Act 2003 (LA 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 LA 2003, a licensing authority had to do so with a view to promoting the licensing objectives. However, once the authority was under an unqualified duty to carry out an act

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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