Taylor v Manchester City Council TCG Bars Ltd

Taylor v Manchester City Council TCG Bars Ltd

The Council acted lawfully in determining the application to vary the premises licence as it did, taking into account the applicant’s withdrawal of certain elements and the imposition of new conditions, because the use of the V2 doorway for public access was already permitted under the existing licence and no formal amendment or re-advertisement was required for the increased use of that entrance.

Parties
Appellant: Matthew Taylor; First Respondent: Manchester City Council; Second Respondent: TCG Bars Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2012
Procedural Posture
Judicial Review / Appeal by Case Stated / High Court Appeal From Magistrates’ Court by Way of Case Stated
Outcome
Appeal dismissed
Legal Topics
Licensing Act 2003, Variation of Premises Licence, Procedural Fairness, Administrative Decision Making, Local Authority Powers
Administrative Law Licensing Law Licensing Act 2003 Variation of Premises Licence Procedural Fairness Administrative Decision Making Local Authority Powers

Case Brief

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Parties

Matthew Taylor

Appellant

Manchester City Council

First Respondent

TCG Bars Limited

Second Respondent

Procedural Posture

Judicial Review / Appeal by Case Stated / High Court Appeal From Magistrates’ Court by Way of Case Stated

Legal Issues

  1. 1 Whether and to what extent an application to vary a licence under the Licensing Act 2003 can be amended after advertisement and consultation period has expired
  2. 2 Whether the Council acted lawfully in determining the application after the applicant notified a change in the scheme for public access to the premises

Ratio Decidendi

The Council acted lawfully in determining the application to vary the premises licence as it did, taking into account the applicant’s withdrawal of certain elements and the imposition of new conditions, because the use of the V2 doorway for public access was already permitted under the existing licence and no formal amendment or re-advertisement was required for the increased use of that entrance.

Court Disposition

Appeal dismissed

Orders

  • The question posed by the Deputy District Judge is answered in the affirmative: it was lawful for the Council to proceed to determine the application in accordance with section 35 of the Licensing Act 2003.
  • Appeal is dismissed.