‘In John Romans Park Homes Ltd v Hancock  UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.
Nearly Legal, 13th September 2018
‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’
Nearly Legal, 9th August 2018
‘Drones are finding increasing uses in a wide range of applications from life-saving delivery of medical supplies to remote locations, through filming, commercial deliveries, agricultural and construction monitoring, to military and surveillance operations. Innovation foundation Nesta has carried out an analysis of the future for drone technology in the urban environment. The research for this project involved partnership with five British cities to analyse the possible roles for drones in our towns and cities.’
Technology Law Update, 9th August 2018
‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC  3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’
Arden Chambers, 31st July 2018
‘A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van.
Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle.’
Daily Telegraph, 2nd August 2018
‘The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire. Philip Kolvin QC of Cornerstone Barristers, who appeared for the defendant, Mudassar Ali, said the judicial decision was the first on the topic.’
Local Government Lawyer, 11th July 2018
‘Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited strip clubs.’
Local Government Lawyer, 2nd July 2018