Westminster City Council, R (on the application of) v Metropolitan Stipendiary Magistrate & Anor

Westminster City Council, R (on the application of) v Metropolitan Stipendiary Magistrate & Anor

The district judge's decision to allow the appeal with conditions was correct in principle as the conditions, if properly drafted, would promote the licensing objectives. However, several conditions were insufficiently precise or required redrafting. The appropriate remedy was to remit the conditions for reconsideration and redrafting, not to quash the decision.

Parties
Claimant: The Queen on the Application of the Lord Mayor and the Citizens of Westminster City Council; Defendant: Metropolitan Stipendiary Magistrate; Interested Party: Marc Merran
Jurisdiction
England and Wales
Judgment Date
06 May 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Conditions remitted for reconsideration; licence remains in force; costs order made
Legal Topics
Licensing Conditions, Judicial Review, Statutory Interpretation, Costs
Administrative Law Licensing Law Licensing Conditions Judicial Review Statutory Interpretation Costs

Case Brief

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Parties

The Queen on the Application of the Lord Mayor and the Citizens of Westminster City Council

Claimant

Metropolitan Stipendiary Magistrate

Defendant

Marc Merran

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the conditions imposed by the district judge on the nightclub licence were unenforceable or void
  2. 2 Whether the district judge failed to give Westminster adequate opportunity to address the conditions before imposing them
  3. 3 Whether the decision should be quashed or remitted for reconsideration

Ratio Decidendi

The district judge's decision to allow the appeal with conditions was correct in principle as the conditions, if properly drafted, would promote the licensing objectives. However, several conditions were insufficiently precise or required redrafting. The appropriate remedy was to remit the conditions for reconsideration and redrafting, not to quash the decision.

Court Disposition

Conditions remitted for reconsideration; licence remains in force; costs order made

Orders

  • The conditions upon which the licence modification was granted are remitted for reconsideration to the district judge.
  • The claimant (Westminster) to pay 50% of the interested party's costs of the judicial review, subject to detailed assessment if not agreed.