Yacht Hotel Ltd. v Licensing Assembly [2002] JLR 351 (07 June 2002)

Yacht Hotel Ltd. v Licensing Assembly [2002] JLR 351 (07 June 2002)

The Licensing Assembly lacked jurisdiction to reimpose the 'public bar' designation once it had been unconditionally removed, as the legal right to sell alcohol to the public until 1 a.m. was thereby granted.

Citation
[2002] JLR 351
Parties
Applicant: Yacht Hotel Ltd.; Respondent: Licensing Assembly
Jurisdiction
Jersey
Judgment Date
07 June 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Hotel Licensing, Public Bar Designation, Jurisdiction of Licensing Authority
Licensing Law Hotel Licensing Public Bar Designation Jurisdiction of Licensing Authority

Case Brief

Summary, issues, holding and outcome

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Parties

Yacht Hotel Ltd.

Applicant

Licensing Assembly

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Licensing Assembly had jurisdiction to reimpose a 'public bar' designation on a hotel with a fourth category licence after its unconditional removal.

Ratio Decidendi

The Licensing Assembly lacked jurisdiction to reimpose the 'public bar' designation once it had been unconditionally removed, as the legal right to sell alcohol to the public until 1 a.m. was thereby granted.

Court Disposition

appeal allowed

Orders

  • Licensing Assembly's decision to reimpose 'public bar' designation set aside