Setting aside s84 final orders modifying covenants

The London Borough of Southwark has successfully obtained the setting aside of parts of a final order made under s.84 of the Law of Property Act 1925 modifying covenants in a lease of a public house. Philip Rainey KC explains how. Read more

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November 17, 2023

Defending decisions on assets of community value

A Tribunal has upheld a council’s decision to include what the judge described as a ‘drinking man’s boozer’ on the list of assets of community value. John Fitzsimons looks at the ruling.
November 17, 2023

Driving offences and revocation of licences

A Magistrates’ Court has found that a council was right to revoke a driver’s licence following a pattern of dangerous driving. Matt Lewin explains why.
July 28, 2023

Licensing and health and safety

Ben Williams reports on the successful prosecution of a premises owner for serious breaches of both the Licensing Act 2003 and the Health and Safety at Work Etc Act 1974.
July 20, 2023

Martyn’s Law: considerations for property owners

The Terrorism (Protection of Premises) Bill (the “Bill” or ‘Martyn’s Law’) was published by the UK government on 2nd May 2023. The Bill is currently in draft and is being reviewed by the Home Affairs Select Committee, therefore subject to amendment prior to any subsequent introduction to Parliament, write James Nelson and Ewan Anthony.
January 13, 2023

Penalties for gambling breaches

Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.

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Apr 18, 2023

London borough defeats legal challenge to use of remote licensing hearings

A Magistrates' Court has ruled that neither the Licensing Act 2003 nor the Licensing Act (Hearings) Regulations 2005 require hearings to be held in a physical "place", in a case that challenged the London Borough of Lewisham's use of a remote hearing procedure to revoke a premises' license.
Dec 30, 2022

Select committee to examine regulation of gambling

The Digital, Culture, Media and Sport (DCMS) Committee has issued a call for written evidence after launching an examination of the Government’s approach to the regulation of gambling.

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October 07, 2022

No duty owed to taxi driver

A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.
July 08, 2022

Taxi drivers and inappropriate conversations

A driver who entered into inappropriate conversations with a child has lost his appeal against revocation of his private hire driver licence. Olivia Davies explains why.
June 24, 2022

Caravans sites: fit and proper persons

In 2020 Parliament provided for a register of fit and proper persons to manage residential caravan sites. In the first case to come before the First Tier Tribunal under the legislation, the Tribunal has upheld the refusal by Arun District Council to register five companies as fit and proper persons, writes Philip Kolvin QC.
August 06, 2021

Licensing committees and procedural defects

A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.
April 29, 2021

Can remote licensing hearings continue?

Philip Kolvin QC asks whether the High Court's decision that remote local authority meetings cannot continue without new legislation applies to licensing committee hearings.
February 25, 2021

Uber: where next

Philip Kolvin QC looks at the likely fallout from the Supreme Court's ruling on whether Uber drivers were 'workers'.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.