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...

June 21, 2016

Transport for London (“TfL”) has made a suite of regulations amending the existing rules applying to the private hire vehicles, drivers and operators it licenses.

In this blog post, I take a look at the new insurance requirements for private hire vehicles (“PHVs”).

I will firstly set out what I consider to be the relevant provisions of the law of the land as it relates to the insurance of motor vehicles generally.

I will then see how that general law has been built upon to date so far as PHVs in London are concerned.

Then I will set out the new reforms to the regulations, and consider how this may impact upon the owners and drivers of PHVs in London, and their insurers.

The Road Traffic Act 1988

So, some context. S.143 of the Road Traffic Act 1988 (“RTA 1988”) makes it an offence to use (or to cause or...

June 18, 2016

Uber changed its UK customer terms and conditions on 16 June 2016.

At the time of writing, the amendments seem to have been made without announcement (in terms of email or pop-up message) to users of the Customer App. [Update: the change was mentioned en passant in an email concerning UberPOOL on 20 June 2016]

The changes appear to have been prompted by the introduction of UberEATS food delivery service in London - and it appears that Uber wishes to use the same small print for UberEATS as it does for “transportation services”.

The extent of the changes themselves is fairly minor (a tracked changes version is available here), but the document remains as before a fairly complex one which requires careful analysis. This is particularly because:

  • the customer is dealing with several entities (so, for...

June 16, 2016

Mohammed Shabir (t/a "Lifestyle Express") v. Newcastle City Council, Newcastle Magistrates' Court (DJ Sarah Griffiths) 16/6/16

An odd one here.

In 2012, an off-licence in Byker, Newcastle upon Tyne, applied to modestly increase its (morning) opening hours so that they were in line with competing outlets. The Police put in a representation in opposition. As part of a deal with the Police so the representation would be withdrawn, the premises agreed to submit to various conditions. So far, so typical. 

However. One of the conditions, condition 9, read as follows:

The Designated Premises Supervisor or other responsible person appointed by the Designated Premises Supervisor shall take part in Police led initiatives such as “Off Watch”, “Alcohol Watch”, “Safer Summer Streets” or similar as well a...

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Charles Holland - 
Barrister

Licensing, chancery/commercial and property barrister.

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