Blackpool Council, R (on the application of) v Howitt [2008] EWHC 3300 (Admin) (02 December 2008)

Blackpool Council, R (on the application of) v Howitt [2008] EWHC 3300 (Admin) (02 December 2008)

Permitting smoking in contravention of section 8 of the Health Act 2006 is a criminal offence and thus relevant to the licensing objective of preventing crime under section 4(2)(a) of the Licensing Act 2003; 'crime and disorder' are to be read disjunctively, so evidence of unlawful smoking is relevant to licensing decisions.

Citation
[2008] EWHC 3300 (Admin)
Parties
Claimant: Blackpool Council; Defendant: Hamish Howitt; Intervenor: Secretary of State for Culture Media and Sport
Jurisdiction
England and Wales
Judgment Date
02 December 2008
Procedural Posture
Judicial Review / Appeal by Way of Case Stated / High Court Appeal From Deputy District Judge's Decision
Outcome
Appeal allowed; decision of Deputy District Judge overturned; licensing authority's revocation of premises licence restored.
Legal Topics
Interpretation of Licensing Objectives, Relevance of Criminal Offences to Licensing Decisions, Statutory Interpretation, Smoking Ban Enforcement
Administrative Law Licensing Law Criminal Law Public Health Law Interpretation of Licensing Objectives Relevance of Criminal Offences to Licensing Decisions Statutory Interpretation Smoking Ban Enforcement

Case Brief

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Parties

Blackpool Council

Claimant

Hamish Howitt

Defendant

Secretary of State for Culture Media and Sport

Intervenor

Procedural Posture

Judicial Review / Appeal by Way of Case Stated / High Court Appeal From Deputy District Judge's Decision

Legal Issues

  1. 1 Whether evidence of unlawful smoking on licensed premises is relevant to the licensing objective of preventing crime and disorder under the Licensing Act 2003
  2. 2 Whether 'crime and disorder' in section 4(2)(a) of the Licensing Act 2003 should be read conjunctively or disjunctively

Ratio Decidendi

Permitting smoking in contravention of section 8 of the Health Act 2006 is a criminal offence and thus relevant to the licensing objective of preventing crime under section 4(2)(a) of the Licensing Act 2003; 'crime and disorder' are to be read disjunctively, so evidence of unlawful smoking is relevant to licensing decisions.

Court Disposition

Appeal allowed; decision of Deputy District Judge overturned; licensing authority's revocation of premises licence restored.

Orders

  • No order as to costs due to public interest in the case.
  • Leave to appeal to the Court of Appeal refused by the judge.