October 3, 2019

Having posted my Journal of Licensing article on licensing costs on this blog yesterday, I am grateful to David Dadds of Dadds LLP Solicitors for reminding me that since that article appeared in July’s issue, the High Court has confirmed in the case of Aldemir v. Cornwall Council [2019] EWHC 2407 (Admin) that magistrates do have jurisdiction under s.181 of the Licensing Act 2003 to make costs orders against non-parties to licensing appeals.

A company, Eden Bar Newquay Limited (“EBNL”) held a premises licence in respect of (you guessed it) the Eden Bar in Newquay. At the material time the premises were owned by Mr Memet Aldemir. He leased those premises to EBNL (whose sole shareholder and director was his brother, Nimetullah, a resident of Cyprus). Mr Aldemir owned the fixtures and fittings of the b...

June 15, 2016

It seems that local authorities and operators generally take the view that the provision of late night refreshment is a licensable activity even when that provision is undertaken solely by home delivery to customers.

So, for example, it is generally considered that a unit on an industrial estate which does not entertain personal callers, that is used between 11 pm and 5 am to produce hot food (say pizzas) which are then delivered to persons who have ordered it (either by telephone or online) needs a premises licence.

I think this general view is wrong. In my view, the unit I describe is not carrying out any licensable activity.

Late night refreshment

The licensable activity is (s.1(1)(d) of the Licensing Act 2003) the provision of late night refreshment.

Schedule 2 of the Act makes provision about what...

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Charles Holland - 

Licensing, chancery/commercial and property barrister.

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