Blackpool Council, R (on the application of) v Howitt

Blackpool Council, R (on the application of) v Howitt

Permitting smoking in contravention of the Health Act 2006 is a criminal offence and falls within the meaning of 'crime' in the licensing objective of preventing crime and disorder under the Licensing Act 2003. The licensing authority was entitled to revoke the licence on this basis, and the Deputy District Judge erred in holding otherwise.

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 / Statutory Appeal / Appeal by Way of Case Stated From Deputy District Judge
Outcome
appeal allowed; decision of licensing authority restored; no order as to costs
Legal Topics
Licensing Objectives, Statutory Interpretation, Public Health Offences, Smoking Ban, Revocation of Premises Licence
Administrative Law Licensing Law Criminal Law Licensing Objectives Statutory Interpretation Public Health Offences Smoking Ban Revocation of Premises Licence

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Parties

Blackpool Council

Claimant

Hamish Howitt

Defendant

Secretary of State for Culture Media and Sport

Intervenor

Procedural Posture

Judicial Review / Statutory Appeal / Appeal by Way of Case Stated From Deputy District Judge

Legal Issues

  1. 1 Whether evidence of unlawful smoking on licensed premises is relevant to the licensing objective of promoting the prevention of crime and disorder under the Licensing Act 2003.

Ratio Decidendi

Permitting smoking in contravention of the Health Act 2006 is a criminal offence and falls within the meaning of 'crime' in the licensing objective of preventing crime and disorder under the Licensing Act 2003. The licensing authority was entitled to revoke the licence on this basis, and the Deputy District Judge erred in holding otherwise.

Court Disposition

appeal allowed; decision of licensing authority restored; no order as to costs

Orders

  • Appeal by way of case stated allowed
  • Decision of licensing authority to revoke premises licence restored