Harpers Leisure International Ltd, R (on the application of) v Chief Constable of Surrey & Anor
The licensing sub-committee does not have power to stay or strike out proceedings for review for abuse of process beyond the grounds specified in section 51 of the Licensing Act 2003; the statutory scheme is comprehensive and does not imply a wider power.
- Parties
- Claimant: Harpers Leisure International Limited; First Defendant: Chief Constable of Surrey; Second Defendant: Guildford Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 13 July 2009
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Statutory Construction, Abuse of Process, Licensing Authority Powers, Judicial Review, Legitimate Expectation
Case Brief
Summary, issues, holding and outcome
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Parties
Harpers Leisure International Limited
Claimant
Chief Constable of Surrey
First Defendant
Guildford Borough Council
Second Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether a licensing sub-committee has power to stay or strike out proceedings for review on grounds of abuse of process beyond those specified in section 51 of the Licensing Act 2003
Ratio Decidendi
The licensing sub-committee does not have power to stay or strike out proceedings for review for abuse of process beyond the grounds specified in section 51 of the Licensing Act 2003; the statutory scheme is comprehensive and does not imply a wider power.
Court Disposition
claim dismissed
Orders
- Claim dismissed
- Costs awarded to second defendant in the sum of £28,156
Full Case Text
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