Institute of Licensing: Darkest before the dawn: a manifesto for the night-time economy – 11KBW

Posted April 24th, 2024 in chambers articles, licensed premises, licensing, news by sally

‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’

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11KBW, 2nd April 2024

Source: www.11kbw.com

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Deterrence and sanctions in licensing – 11KBW

Posted December 21st, 2023 in chambers articles, licensed premises, licensing, news by sally

‘A licensing sub-committee considering an application for review of a premises licence under the Licensing Act 2003 is given a wide discretion, from taking no action to revoking the licence. As is well known, in exercising its discretion, it must take the steps which it considers appropriate for the promotion of the licensing objectives. The question for consideration in this article is whether and, if so the extent to which, it may use its powers to impose a sanction or take into consideration a need for deterrence.’

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11KBW, November 2023

Source: www.11kbw.com

Relaxed takeaway pints rules extended – Home Office

Posted September 14th, 2023 in licensed premises, licensing, news by tracey

‘Relaxed licensing rules have been extended until March 2025 so pubs can continue selling takeaway alcohol with ease.’

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Home Office, 12th September 2023

Source: www.gov.uk

No apologies over Grays golly doll pub investigation, says police chief – BBC News

Posted September 11th, 2023 in Crown Prosecution Service, hate crime, licensed premises, news, police, racism by tracey

‘A police chief constable has “no regrets” after his officers investigated pub landlords who displayed golly dolls behind their bar.’

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BBC News, 11th September 2023

Source: www.bbc.co.uk

Pub takeaway drinks rules to be continued for 18 months – BBC News

Posted August 14th, 2023 in coronavirus, licensed premises, licensing, news by tracey

‘Pubs in England and Wales will be able to continue selling takeaway drinks after the government decided to keep Covid licensing rules.’

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BBC News, 14th August 2023

Source: www.bbc.co.uk

Research Briefing: Alcohol licensing: how to object to a licence – House of Commons Library

‘This Briefing looks at how people can object to alcohol licences in England and Wales.’

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House of Commons Library , 4th July 2023

Source: commonslibrary.parliament.uk

UK’s largest pub firm guilty of health and safety breach over student’s death – The Guardian

Posted July 7th, 2023 in accidents, bereavement, fines, health & safety, licensed premises, news by tracey

‘The UK’s largest pub company has been found guilty of breaching health and safety law after the “senseless and avoidable” death of a first-year university student who was queuing to get into a busy venue.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Research Briefing: Alcohol: mandatory licensing conditions – House of Commons Library

Posted July 3rd, 2023 in licensed premises, licensing, news, parliament by tracey

‘This Briefing describes the mandatory licensing conditions that apply to the sale of alcohol in England and Wales.’

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House of Commons Library , 28th June 2023

Source: commonslibrary.parliament.uk

London borough defeats legal challenge to use of remote licensing hearings – Local Government Lawyer

‘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.’

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Local Government Lawyer, 18th April 2023

Source: www.localgovernmentlawyer.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by tracey

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Inquiry launched into corruption claims after crowd crush at O2 Academy Brixton – The Independent

‘The Security Industry Authority (SIA) is launching an inquiry into corruption allegations made following the crowd crush at the O2 Academy Brixton last month when two people died.’

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The Independent, 18th January 2023

Source: www.independent.co.uk

Bar to pay £22k legal costs to council and close for two months over alcohol-related violence, magistrates rule – Local Government Lawyer

Posted November 14th, 2022 in appeals, costs, licensed premises, local government, news, violent disorder by tracey

‘A court has ordered a Leicester bar to pay more than £20,000 in legal costs to Leicester City Council after an unsuccessful appeal of licensing restrictions, which were aimed at reducing crime, disorder and noise problems.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Barrister stresses importance of PACE and good practice after successfully defending pub landlord charged with Covid -19 rules breach – Local Government Lawyer

‘A barrister who successfully defended a pub landlord accused of failing to close his pub during tier 4 lockdown in February 2021 has claimed the case should serve “as a reminder that even in extraordinary circumstances, the rules of PACE and good practice ought not to be forgotten”.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

Former publican makes legal history with abuse of process claim – Law Society’s Gazette

Posted January 10th, 2022 in abuse of process, damages, food hygiene, licensed premises, local government, news by tracey

‘Aformer publican has made legal history after accepting ‘substantial’ damages to settle a civil abuse of process claim – a cause of action last successfully sued upon 160 years ago, his lawyers have said.’

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Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

Public houses and the ACV regime: the latest rulings – Local Government Lawyer

‘Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation.’

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Local Government Lawyer, 7th May 2021

Source: www.localgovernmentlawyer.co.uk

Hospitality bosses lose court battle over indoor opening – BBC News

Posted May 4th, 2021 in coronavirus, food, licensed premises, news, regulations by tracey

‘Hospitality bosses have lost a legal challenge for a faster reopening for indoor dining in England.’

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BBC News, 3rd May 2021

Source: www.bbc.co.uk

Harvey Tyrrell death: Pub owner jailed over boy’s electrocution death – BBC News

‘A pub owner has been jailed after admitting responsibility for the death of a seven-year-old boy who was electrocuted in a beer garden.’

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BBC News, 16th April 2021

Source: www.bbc.co.uk

Older drinkers risk discrimination says charity, after pub refuses to serve man without smartphone – Daily Telegraph

‘Older drinkers are at risk of discrimination in pubs because they do not have smartphones to order food and drinks on an app, a charity has warned.’

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Daily Telegraph, 13th April 2021

Source: www.telegraph.co.uk