Jaks Bars & Restaurants Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 966 (Admin) (24 April 2026)

Jaks Bars & Restaurants Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 966 (Admin) (24 April 2026)

The Inspector failed to give adequate reasons for not addressing the Licensing Impact Assessment, which was a material consideration directly relevant to the main issue of noise from dispersal of patrons. The Inspector also failed to consider whether and to what extent the licensing regime could address concerns about residential amenity, as required when overlapping statutory regimes exist. These failures caused substantial prejudice to the Claimant and may have affected the outcome.

Citation
[2026] EWHC 966 (Admin)
Parties
Claimant: JAKS Bars & Restaurants Limited; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
24 April 2026
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment on Statutory Challenge
Outcome
Claim allowed; Inspector's decision quashed
Legal Topics
Planning Permission, Licensing Regime, Noise and Residential Amenity, Duty to Give Reasons, Material Considerations, Temporary Planning Permission
Planning Law Administrative Law Licensing Law Planning Permission Licensing Regime Noise and Residential Amenity Duty to Give Reasons Material Considerations +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

JAKS Bars & Restaurants Limited

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Royal Borough of Kensington and Chelsea

Second Defendant

Procedural Posture

Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment on Statutory Challenge

Legal Issues

  1. 1 Whether the Planning Inspector failed to have regard to or give adequate reasons for rejecting the Licensing Impact Assessment (LIA)
  2. 2 Whether the Inspector failed to properly consider the role of the licensing regime as a material consideration in planning judgment
  3. 3 Whether the Inspector gave adequate reasons for refusing a temporary planning permission

Ratio Decidendi

The Inspector failed to give adequate reasons for not addressing the Licensing Impact Assessment, which was a material consideration directly relevant to the main issue of noise from dispersal of patrons. The Inspector also failed to consider whether and to what extent the licensing regime could address concerns about residential amenity, as required when overlapping statutory regimes exist. These failures caused substantial prejudice to the Claimant and may have affected the outcome.

Court Disposition

Claim allowed; Inspector's decision quashed

Orders

  • The Planning Inspector's decision dated 11 February 2025 is quashed.