Licensing Assembly [2018] JRC 240 (20 December 2018)

Licensing Assembly [2018] JRC 240 (20 December 2018)

The application to extend the licence for BWBS Limited was refused because the law does not allow for premises to be licensed only on certain occasions, and the areas in question could not be adequately defined as licensed premises. The application by Casual Dining Bidco Limited was granted as the premises could be adequately defined and conditions could be imposed to ensure compliance with statutory requirements.

Citation
[2018] JRC 240
Parties
Applicant: BWBS Limited; Applicant: Casual Dining Bidco Limited
Jurisdiction
Jersey
Judgment Date
20 December 2018
Procedural Posture
Licensing Application / Decision on Reserved Applications
Outcome
BWBS Limited: transfer of existing licence approved, extension refused; Casual Dining Bidco Limited: provisional licence granted with conditions.
Legal Topics
Transfer of Licence, Extension of Licensed Premises, Provisional Licence, Licensing Conditions
Licensing Law Transfer of Licence Extension of Licensed Premises Provisional Licence Licensing Conditions

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Parties

BWBS Limited

Applicant

Casual Dining Bidco Limited

Applicant

Procedural Posture

Licensing Application / Decision on Reserved Applications

Legal Issues

  1. 1 Whether the extension of a First Category Taverner's Licence to additional bar areas in Fort Regent is permissible under the Licensing (Jersey) Law 1974
  2. 2 Whether a provisional First Category Licence should be granted for the Portside Restaurant and Outside Seating Area at Elizabeth Harbour

Ratio Decidendi

The application to extend the licence for BWBS Limited was refused because the law does not allow for premises to be licensed only on certain occasions, and the areas in question could not be adequately defined as licensed premises. The application by Casual Dining Bidco Limited was granted as the premises could be adequately defined and conditions could be imposed to ensure compliance with statutory requirements.

Court Disposition

BWBS Limited: transfer of existing licence approved, extension refused; Casual Dining Bidco Limited: provisional licence granted with conditions.

Orders

  • Transfer of First Category Licence for View Bar, Fort Regent Leisure Centre to BWBS Limited approved.
  • Application to extend licence to additional bar areas in Fort Regent refused.