West Berkshire District Council v Paine [2009] EWHC 422 (Admin) (05 February 2009)

West Berkshire District Council v Paine [2009] EWHC 422 (Admin) (05 February 2009)

The statutory definition of 'street' in Schedule 4 to the 1982 Act includes areas to which the public have potential access without payment, regardless of whether there is evidence of actual public use. The Justices erred in law by requiring evidence of actual use and by relying on Road Traffic Act authorities, which are not applicable to the statutory scheme in question.

Citation
[2009] EWHC 422 (Admin)
Parties
Claimant: West Berkshire District Council; Defendant: Simon Paine
Jurisdiction
England and Wales
Judgment Date
05 February 2009
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed; case remitted to Justices for resolution of outstanding issue.
Legal Topics
Street Trading, Statutory Interpretation, Definition of 'street', Licensing, Local Government (miscellaneous Provisions) Act 1982
Administrative Law Local Government Law Criminal Law Street Trading Statutory Interpretation Definition of 'street' Licensing Local Government (miscellaneous Provisions) Act 1982

Case Brief

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Parties

West Berkshire District Council

Claimant

Simon Paine

Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the area where the defendant traded was a 'street' under paragraph 1(1)(a) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982
  2. 2 Whether actual use by the public is required or potential access suffices for the definition of 'street'
  3. 3 Relevance of Road Traffic Act authorities to the interpretation of 'street' in the 1982 Act

Ratio Decidendi

The statutory definition of 'street' in Schedule 4 to the 1982 Act includes areas to which the public have potential access without payment, regardless of whether there is evidence of actual public use. The Justices erred in law by requiring evidence of actual use and by relying on Road Traffic Act authorities, which are not applicable to the statutory scheme in question.

Court Disposition

Appeal allowed; case remitted to Justices for resolution of outstanding issue.

Orders

  • Case remitted to the Justices for reconsideration in accordance with the judgment.
  • Costs to be determined by the costs judge.