This article first appeared in the Journal of Licensing, October 2018
“Don’t take too seriously all that the neighbours say. Don’t be overawed by what the experts say. Don’t be afraid to trust your own common sense”
- Benjamin Spock, Dr. Spock’s Baby and Child Care (1945)
The Good Old Days?
I remember the first time I saw an expert report in a licensing case. It thumped down on the bench in front of me at Sunderland Magistrates’ Court, just as its author made his way to the witness box to give evidence. Following a short in-chief confirmation of the report’s content (that there was no demand for my client’s proposed off-licence), it was my turn to cross-examine. No notice had been given that an expert was to be called. The year was 1996; the rule seemed to be that, when it came to licensing, there w...
What follows is an article I wrote for the July 2019 issue of Journal of Licensing. I look at the principles underlying the award of costs, and how they apply to licensing appeals.
For much of the time, licensing is a “safe space” so far as costs are concerned.
In most “first instance” licensing tribunals - such as local authority licensing sub-committees, the typical common law principle that costs “following the event” does not apply.
So, when a party decides to participate in a licensing case, whether as an applicant or an objector, there is generally no risk that if unsuccessful, it will have to pay the legal costs of any other party: what are known as “adverse costs”.
Adverse costs risk is a strong disincentive to participation in legal proceedings. Even allowing for his characterist...