Crawley Borough Council v Attenborough & Anor

Crawley Borough Council v Attenborough & Anor

The original conditions imposed by the Justices were unenforceable due to vagueness and lack of clarity; the case is remitted for revised, clear conditions. The costs order was within the Justices' discretion and does not require a finding of unreasonable conduct by the local authority.

Parties
Claimant: Crawley Borough Council; Defendant: Stuart Attenborough; Defendant: Angela Attenborough
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal allowed in part; case remitted for revised licence conditions; costs order upheld.
Legal Topics
Premises Licence Conditions, Costs Orders, Public Nuisance, Enforcement of Licensing Conditions
Administrative Law Licensing Law Premises Licence Conditions Costs Orders Public Nuisance Enforcement of Licensing Conditions

Case Brief

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Parties

Crawley Borough Council

Claimant

Stuart Attenborough

Defendant

Angela Attenborough

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the conditions imposed on the premises licence were vague, uncertain, imprecise and unenforceable
  2. 2 Whether the justices erred in awarding costs against the local authority in full

Ratio Decidendi

The original conditions imposed by the Justices were unenforceable due to vagueness and lack of clarity; the case is remitted for revised, clear conditions. The costs order was within the Justices' discretion and does not require a finding of unreasonable conduct by the local authority.

Court Disposition

Appeal allowed in part; case remitted for revised licence conditions; costs order upheld.

Orders

  • Case remitted to Justices to allow appeal from local authority with revised terms and conditions of the licence as agreed by the parties and approved by the court.
  • Local authority to pay 75 per cent of respondents' costs in connection with the application to state a case, to be assessed if not agreed.