In re Golden Sands Hotel v [1976] JJ 429 (20 December 1976)

In re Golden Sands Hotel v [1976] JJ 429 (20 December 1976)

Consent to alterations cannot be assumed from failure to object to details of plans when the relevant authorities are specifically asked not to consider those details and object only on policy grounds; silence does not create estoppel.

Citation
[1976] JJ 429
Parties
Applicant: Golden Sands Hotel
Jurisdiction
Jersey
Judgment Date
20 December 1976
Procedural Posture
Application for Consent to Alterations of Licensed Premises / Judgment
Outcome
application refused
Legal Topics
Consent to Alterations, Licensed Premises, Estoppel by Silence
Licensing Law Consent to Alterations Licensed Premises Estoppel by Silence

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Parties

Golden Sands Hotel

Applicant

Procedural Posture

Application for Consent to Alterations of Licensed Premises / Judgment

Legal Issues

  1. 1 Whether consent to alterations under Licensing (Jersey) Law 1974, art. 12(j) can be assumed from failure to object to details of plans
  2. 2 Whether estoppel by silence applies when the Licensing Assembly and Tourism Committee are specifically asked not to consider details

Ratio Decidendi

Consent to alterations cannot be assumed from failure to object to details of plans when the relevant authorities are specifically asked not to consider those details and object only on policy grounds; silence does not create estoppel.

Court Disposition

application refused