Clockfair Ltd v Sandwell Metropolitan Borough Council & Anor [2012] EWHC 1857 (Admin) (09 July 2012)

Clockfair Ltd v Sandwell Metropolitan Borough Council & Anor [2012] EWHC 1857 (Admin) (09 July 2012)

Section 152(1)(b) of the Gambling Act 2005 prohibits the issue of more than one premises licence in respect of the same premises, including in the case of converted licences, unless expressly modified by statute. The licensing authority, when reviewing a premises licence, must consider as a relevant matter whether the licence was issued in contravention of this prohibition. Failure to do so is an error of law.

Citation
[2012] EWHC 1857 (Admin)
Parties
Appellant: Clockfair Limited; First Respondent: Sandwell Metropolitan Borough Council; Second Respondent: Grosvenor Casinos Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2012
Procedural Posture
Statutory Appeal / High Court Appeal From Magistrates' Court Decision
Outcome
Appeal allowed
Legal Topics
Premises Licences, Statutory Interpretation, Judicial Review, Collateral Challenge, Licence Conversion, Revocation of Licences
Administrative Law Licensing Law Gambling Law Premises Licences Statutory Interpretation Judicial Review Collateral Challenge Licence Conversion +1 more

Case Brief

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Parties

Clockfair Limited

Appellant

Sandwell Metropolitan Borough Council

First Respondent

Grosvenor Casinos Limited

Second Respondent

Procedural Posture

Statutory Appeal / High Court Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether section 152(1)(b) of the Gambling Act 2005 prohibits the issue of a second premises licence in respect of the same premises in the case of converted licences
  2. 2 Whether the existence of a second licence issued in contravention of section 152(1)(b) is a relevant consideration for the licensing authority on a review application

Ratio Decidendi

Section 152(1)(b) of the Gambling Act 2005 prohibits the issue of more than one premises licence in respect of the same premises, including in the case of converted licences, unless expressly modified by statute. The licensing authority, when reviewing a premises licence, must consider as a relevant matter whether the licence was issued in contravention of this prohibition. Failure to do so is an error of law.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the licensing authority for reconsideration of the application for review of the casino premises licence, having regard to all relevant matters including the lawfulness of the issue of the second licence.