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...

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Charles Holland - 
Barrister

Licensing, chancery/commercial and property barrister.

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