Harpers Leisure International Ltd, R (on the application of) v Chief Constable of Surrey & Anor [2009] EWHC 2160 (Admin) (13 July 2009)

Harpers Leisure International Ltd, R (on the application of) v Chief Constable of Surrey & Anor [2009] EWHC 2160 (Admin) (13 July 2009)

The Licensing Act 2003 provides an exhaustive statutory scheme for the review of premises licences, including express grounds for rejecting review applications. There is no implied power for a licensing sub-committee to stay or strike out proceedings for abuse of process beyond those grounds. The sub-committee was correct in concluding it had no such power.

Citation
[2009] EWHC 2160 (Admin)
Parties
Claimant: Harpers Leisure International Limited; First Defendant: Chief Constable of Surrey; Second Defendant: Guildford Borough Council
Jurisdiction
England and Wales
Judgment Date
13 July 2009
Procedural Posture
Judicial Review / Permission and Substantive Hearing in the Administrative Court
Outcome
Claim dismissed
Legal Topics
Statutory Construction of Licensing Act 2003, Powers of Licensing Sub Committees, Abuse of Process, Judicial Review of Licensing Decisions
Administrative Law Licensing Law Statutory Construction of Licensing Act 2003 Powers of Licensing Sub Committees Abuse of Process Judicial Review of Licensing Decisions

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Parties

Harpers Leisure International Limited

Claimant

Chief Constable of Surrey

First Defendant

Guildford Borough Council

Second Defendant

Procedural Posture

Judicial Review / Permission and Substantive Hearing in the Administrative Court

Legal Issues

  1. 1 Whether a licensing sub-committee has the power to stay or strike out proceedings for review of a premises licence on grounds of abuse of process beyond those expressly provided in section 51 of the Licensing Act 2003

Ratio Decidendi

The Licensing Act 2003 provides an exhaustive statutory scheme for the review of premises licences, including express grounds for rejecting review applications. There is no implied power for a licensing sub-committee to stay or strike out proceedings for abuse of process beyond those grounds. The sub-committee was correct in concluding it had no such power.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • Claimant to pay Second Defendant's costs in the sum of £28,156