Cheshire East

Application for licence for 24-hour delivery of alcohol turned down

A district judge has upheld a council’s decision to refuse a licence for 24-hour London alcohol delivery in London. Horatio Waller explains why. Read more
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  NEWS

Jan 19, 2022

Campaign group launches judicial review challenge against Welsh Ministers over “unevidenced” Covid Pass scheme

Campaign group Big Brother Watch has launched a judicial review challenge against the Welsh Government over its ‘Covid Pass’, claiming that the scheme is unlawful “as it is disproportionate and unevidenced”.
Jan 17, 2022

Unlicensed puppy trader ordered to pay £100,000 after council prosecution

An unlicensed puppy trader has been ordered to pay £100,000 for placing misleading adverts, following a prosecution prepared and presented by Telford and Wrekin Council’s legal services department.
Jan 13, 2022

Council prosecution sees dog breeders ordered to pay £450k+

A couple who illegally bred dogs have been ordered to pay more than £450,000 following a successful prosecution by Vale of Glamorgan Council.
Jan 12, 2022

Councils must receive full funding for role in implementing new 'Protect Duty'

If the Government introduces the proposed new ‘Protect Duty', local authorities will require significant resource and capacity to ensure that those within its scope are aware of their responsibilities and comply, the Local Government Association (LGA) has said.
Jan 07, 2022

Council agrees to pay £4m damages and costs to publican on rare abuse of process grounds after 20-year legal fight

North Northamptonshire Council has agreed to pay "substantial damages" to a publican who alleged abuse of process in a food safety case brought against him by a predecessor authority more than 20 years ago.
Dec 14, 2021

Welsh council bolts cinema entrance shut after failure to follow closure order

A cinema at the centre of a dispute surrounding Covid-19 vaccination passports has had its shutters bolted shut by Swansea Council after refusing to heed a closure order.
Dec 10, 2021

Licensed operators such as Uber who accept bookings from passengers required to enter as principal into contractual obligation: Administrative Court

App-based minicab services such as Uber must – in order to operate lawfully in London – contract directly with passengers, the Administrative Court has ruled.
Nov 18, 2021

Court gives green light to judicial review challenge over refusal of Cultural Recovery Funding

The Get Real Marketing Company has been granted permission to apply for judicial review over the Arts Council’s refusal to provide it with Cultural Recovery Funding during the COVID-19 pandemic.
Nov 11, 2021

Welsh Government facing legal challenge over Covid-19 pass requirement

Law firm Bindmans has been instructed by campaign group Big Brother Watch to challenge a Welsh Government decision to require Covid-19 passes to enter certain venues.
Nov 09, 2021

Council settles dispute with evangelical preacher it initially banned from holding event

A controversial evangelical preacher will host an event in Sheffield after taking legal action to overturn a ban imposed by the city council.
Nov 05, 2021

Council delay in communicating with courts in taxi licence dispute could have “significantly affected the administration of justice,” Deputy High Court judge says

A borough council has been criticised for poor communication and delays in a case in which two people were in disagreement over who was the holder of a hackney carriage vehicle licence.
Oct 19, 2021

HMRC issues guidance for licensing authorities on licence applications and tax

HM Revenue and Customs has issued guidance for licensing authorities on what they should do to meet new rules in relation to tax when reviewing taxi, private hire and scrap metal licence applications on or after 4 April 2022.

  FEATURES AND ANALYSIS

November 29, 2021

Taxi licensing and the fit and proper person test

Sefton Council has overturned a Magistrates Court’s decision to grant a taxi licence to an ex-policeman convicted of child abduction. Gary Grant explains how.
August 26, 2021

Gambling law: at-a-glance guide

This LexisNexis Local Government practice note produced in partnership with Carl Rohsler of Memery Crystal provides comprehensive and up to date legal information covering the legal issues most pertinent to the gambling industry.
August 17, 2021

The fit and proper person test and acquittals in the criminal courts

An appeal court has recently considered a taxi driver’s licence revocation after his acquittal in criminal courts. Gary Grant explains the outcome.
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.
June 25, 2021

Renewal of taxi drivers’ licences

Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.
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.
April 16, 2021

Prosecuting unlicensed dog and cat breeders

Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.
March 08, 2021

Planning and the way out of lockdown for leisure, hospitality and attractions

Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.
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  MORE NEWS

Oct 14, 2021

Union files claim against Uber over alleged racial bias in facial recognition software

A workers' union has filed a claim alleging that a facial recognition algorithm used by Uber is leading to the termination of darker-skinned workers at a disproportionate rate.
Sep 27, 2021

FTB and Poppleston Allen issue report on Covid-19 legislative changes and hospitality sector

Barristers’ chambers Francis Taylor Building and law firm Poppleston Allen have published a 50-page report covering the COVID-19 related legislative changes which affected the hospitality sector, from the start of restrictions to Step 4 of the Roadmap and the full re-opening of hospitality in July 2021.
Sep 06, 2021

Consultation launched on making permanent outdoor measures introduced to support high streets and hospitality businesses

The Government has launched a consultation on making permanent two time-limited permitted development rights introduced during the pandemic to boost high streets and hospitality businesses.
Aug 20, 2021

Council bans ice cream van from street following chime complaints

An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.
Aug 19, 2021

High Court quashes grant of planning permission to café for extended opening hours

A minor change in a café’s proposed opening hours was not reasonable grounds for St Albans City and District Council to grant a planning consent that it had withheld for an almost identical application.
Aug 06, 2021

Local Government Association renews calls for inclusion of public health as licensing objective

The Local Government Association has called for licensing laws to be updated to give councils the power to consider the public health implications when deciding whether to grant licences.
Aug 03, 2021

District prosecutes taxi driver for driving when licence had expired, failure to report damage to licensed vehicle

Vale of White Horse District Council has prosecuted a taxi driver after he admitted driving a taxi when not licensed to do so, and for failing to report damage to a licensed vehicle to the council.
May 25, 2021

District council prosecution sees two defendants found guilty of operating vehicle without private hire licence

Cotswold District Council has prosecuted two individuals for operating a vehicle without a private hire licence and not fulfilling private hire operator requirements.
May 10, 2021

Street traders lose legal challenge over “innovative product” criterion imposed by council

A High Court judge has dismissed a legal challenge brought by street traders over a council's implementation of a regulatory framework that requires stall owners to sell products not readily available on the high street.
May 04, 2021

High Court dismisses as ‘academic’ legal challenge over later reopening of indoor hospitality in Government roadmap

The High Court has dismissed a legal challenge over the decision to allow non-essential retail to open at least five weeks before indoor hospitality.
Apr 26, 2021

Divisional Court to hear judicial review over grant by TfL of private operator’s licence to business behind FREENOW ride-hailing app

A High Court judge has given the United Trade Action Group (UTAG), a body representing the interests of the hackney carriage trade, permission to judicially review the decision of TfL to grant a Private Hire Operator’s Licence to a business whose private hire drivers work off a smartphone ride-hailing app called FREENOW.
Apr 16, 2021

Secretary of State calls on councils to show pragmatism, avoid “overzealous interpretations” of rules on outdoor hospitality

The Communities Secretary has called on councils to ensure that that government guidance on outdoor structures is applied proportionately and consistently, to support businesses in their areas to reopen safely and to avoid overzealous interpretations of the rules.
Apr 08, 2021

Hospitality industry in Wales crowd fund legal challenge over later reopening than non-essential retail

Hospitality industry figures in Wales are trying to crowdfund a legal challenge to the country’s policy on the reopening of venues as lockdown eases.
Apr 06, 2021

Covid-19 status certification likely to have significant implications for councils: LGA

The Local Government Association has urged the Government to work closely with councils on any proposals for Covid-19 status certification.
Mar 29, 2021

Welsh Government issues taxi and private hire vehicle guidance ahead of development of new legislation

The Welsh Government has issued guidance for local authorities to ensure taxi and private hire vehicle operators and drivers meet licensing requirements.
Mar 18, 2021

Café owners with “complete disregard” for Covid rules ordered to close, lose licence

A café has been ordered to close by Manchester Magistrates' Court for three months and had its licence revoked by Manchester City Council for a similar length of time after its owners were found to be serving customers in breach of Covid-safety rules.
Mar 16, 2021

Council investigation sees traders fined for selling alcohol without a licence via Just Eat website

Three traders in Milton Keynes have each been found guilty of selling alcohol and late-night refreshments without a licence via the Just East website and app.
Mar 15, 2021

Punch Taverns founder and Night-Time Economy Adviser for Greater Manchester issue pre-action letter over different reopening times for non-essential retail and indoor hospitality

The founder of Punch Taverns, Hugh Osmond, and the Night-Time Economy Adviser for Greater Manchester, Sacha Lord, have sent a pre-action letter to the government over the decision to allow non-essential retail to open at least five weeks before indoor hospitality.
Mar 01, 2021

Night-Time Economy Adviser for Manchester eyes legal battle over roadmap approach to hospitality compared to non-essential retail

The Night-Time Economy Adviser for Greater Manchester, Sacha Lord, has revealed that he is discussing his options with his legal team “regarding the lack of evidence to justify the delay of the reopening of hospitality compared with non-essential retail”.
Feb 19, 2021

Supreme Court dismisses Uber appeal, rules drivers are ‘workers’

The Supreme Court has dismissed an appeal by the ride-sharing company Uber over an employment court's decision that Uber drivers were working under worker's contracts for the company.
Feb 16, 2021

Applicant for taxi licence fined for failure to disclose previous driving convictions

A man from Oxford has been ordered to pay more than £1,800 after being found guilty of failing to disclose a series of previous driving convictions when applying for a taxi driver’s licence.
Feb 16, 2021

West Midlands Police raid workshop turned nightclub with “Covid Arms” sign

West Midlands Police raided a workshop in Birmingham in the early hours of Sunday that had been turned into a nightclub complete with a sign on the wall saying ‘The Covid Arms’.
Feb 09, 2021

Council publishes summary decision behind suspension of premises licence for restaurant that hosted Rita Ora birthday party during lockdown

The Royal Borough of Kensington & Chelsea has issued its summary decision that saw a six-week suspension of the premises licence for the restaurant in Notting Hill where Rita Ora held a birthday party for 17 persons during the second national lockdown and in breach of Coronavirus regulations.
Feb 09, 2021

Judge gives permission for High Court challenge over requirement in Covid regulations for meal if alcohol being served

A judge has granted the Night-Time Economy Adviser for Greater Manchester and two other residents of the city permission for a legal challenge over the restriction on serving alcohol unless it is with a table meal.
Feb 02, 2021

Restaurant popular with TOWIE and Premier League footballers loses licence amid Coronavirus Regulations breaches

The owner of an East London restaurant, popular with celebrity TV stars and Premier League footballers, has been stripped of its licence by Redbridge Council for not complying with licensing conditions.
Jan 20, 2021

Taxi drivers win High Court challenge over Streetspace plan

London’s taxi trade has hailed High Court rulings in which it won on four out of five grounds under which it challenged Mayor Sadiq Khan’s Streetspace plan.
Dec 08, 2020

Culture Secretary kick starts review of gambling laws including "analogue" Gambling Act

The Department for Culture, Media and Sport (DCMS) has launched a “major and wide-ranging review of gambling laws to ensure they are fit for the digital age”.
Dec 07, 2020

Birmingham restaurateur pauses Tier 3 judicial review application following talks between local representatives and Westminster

A restaurateur representing some 256 businesses in the Birmingham area has paused a judicial review bid over the Government's decision to close pubs in Tier 3 regions in light of new, "constructive" talks between regional representatives and Westminster.
Dec 07, 2020

Government issues guidance on three new notices local authorities can issue against premises breaching COVID-secure rules

The Department for Health & Social Care has published guidance on the additional powers that came into force last week (2 December) and which allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
Oct 21, 2020

Night-Time Economy Adviser for Greater Manchester sends letter before action ahead of potential challenge to restrictions on hospitality sector

The Night-Time Economy Adviser for Greater Manchester, Sacha Lord, has threatened a judicial review challenge into the legality of implementing emergency restrictions on the area's hospitality sector, "without scientific evidence".
Oct 08, 2020

Government issues guidance on COVID-19 secure marshals, stresses the role has no enforcement powers

The Government has issued guidance on how the £30m allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent.
Oct 06, 2020

Owner of iconic nightclub to launch legal challenge over 10pm curfew

The owner of nightclub G-A-Y, Jeremy Joseph, has appointed law firm Simpson Millar and barristers at Kings Chambers to challenge the Government’s decision to implement a national curfew of 10pm on hospitality premises.

  MORE FEATURES

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.
January 20, 2021

The Office: District Judge rules on Covid-19 Summary Review

An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
January 06, 2021

Lockdown III: The Impact on Businesses

Gary Grant analyses the new regulations behind the government's latest national lockdown.
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 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
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.
December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
November 26, 2020

HMO licensing, the ‘fit and proper’ test and spent convictions

The Court of Appeal has provided clarity for the test of a ‘fit and proper’ licence holder for houses in multiple occupancy (HMOs), write Simon Kiely and Christian Grierson.
November 19, 2020

Licensing v.2.0 – a system reboot post-Covid

Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
November 13, 2020

Taxi drivers: the "fit and proper" standard and the benefit of the doubt

A taxi driver was recently not given the benefit of doubt over inappropriate behaviour towards children. Matt Lewin explains why.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
September 30, 2020

Mandatory decibel limits in hospitality venues

Charles Holland sets out the legislative background to the new music level requirement, and Peter Rogers reviews its effectiveness and enforceability in terms of an acoustic test.
September 28, 2020

Uber and the fit and proper person test

Gerald Gouriet QC and Charles Holland examine the Deputy Senior District Judge's ruling that Uber is a fit and proper person to hold a London PHV operator's licence.
September 24, 2020

The 24 September Coronavirus Restrictions

Gary Grant examines the main provisions of the latest coronavirus regulations imposing restrictions on opening hours and the service of food and drink.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
August 21, 2020

Minicabs and the Congestion Charge

The Court of Appeal has upheld the imposition of the congestion charge for minicabs. Marie Demetriou QC, Malcolm Birdling and David Heaton explain why.
July 27, 2020

Statutory taxi and private hire vehicle standards

Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.
July 27, 2020

New taxi and PHV Standards

The Government last week (21 July) published the long-awaited Statutory Taxi & Private Hire Vehicle Standards. Philip Kolvin QC discusses the implications of the new standards.
July 16, 2020

The rules for independence day...and beyond

Charles Holland, Gary Grant and Leo Charalambides provide an in-depth summary of the regulations to remove the closure restrictions that had been imposed on English restaurants, cafes, bars and public houses to tackle COVID-19.
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