Clockfair Ltd v Sandwell Metropolitan Borough Council & Anor

Clockfair Ltd v Sandwell Metropolitan Borough Council & Anor

Section 152(1)(b) of the Gambling Act 2005 prohibits the issue of a second premises licence in respect of the same premises, including in the case of converted licences, unless expressly modified by statute. The licensing authority, when exercising its statutory review powers, was required to consider the lawfulness of the second licence’s issue as a relevant matter. Failure to do so was an error of law.

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
Statutory Interpretation, Licensing of Gambling Premises, Judicial Review, Collateral Challenge, Conversion of Licences
Administrative Law Licensing Law Statutory Interpretation Licensing of Gambling Premises Judicial Review Collateral Challenge Conversion of Licences

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 licensing authority was required to consider the lawfulness of the second licence on review

Ratio Decidendi

Section 152(1)(b) of the Gambling Act 2005 prohibits the issue of a second premises licence in respect of the same premises, including in the case of converted licences, unless expressly modified by statute. The licensing authority, when exercising its statutory review powers, was required to consider the lawfulness of the second licence’s issue as a relevant matter. Failure to do so was an error of law.

Court Disposition

Appeal allowed

Orders

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