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...

October 2, 2019

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. 

Introduction

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...

August 13, 2018

In a comprehensive reserved judgment running to some 68,500 words over 118 pages (excluding appendices), District Kate Judge Meek sitting at Newcastle Magistrates’ Court has dismissed the appeal of a trade objector against the grant of a premises licence to Stack, a “pop up” shopping mall with food-led and wet-led provision and an events space in central Newcastle. The appeal was brought by Endless Stretch Limited, the landlord of Harry's Bar and a corporate vehicle of longstanding Newcastle operator and Monaco resident, Joe Robertson.

The judgment will make interesting reading to licensing practitioners given the sheer range of issues the Judge was asked to deal with (helpfully set out in her judgment at paragraph 3, page 8), many of which have an interest beyond (to use a phrase from the expert r...

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Charles Holland - 
Barrister

Licensing, chancery/commercial and property barrister.

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