21 Nov 2003
DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE v. THE LICENSING APPEALS BOARD & ANOTHER
- Citation
- DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE v. THE LICENSING APPEALS BOARD & ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL41/2003
The Board erred in law: appeals to the Licensing Appeals Board under s125(9)/125B are confined to decisions about registrations, licences or permits; the standard Tenancy Agreement for the public market stall is in substance a lease and not a "registration, licence or permit" under s125(8); appeals concerning market stall tenancies are governed by the Public Markets Regulation (section 6A) which limits rights to tenants; consequently the Board had no jurisdiction to hear Mr Wong's appeal.