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Planning Law Solicitors

Appeals against decisions of licensing committees

January 28th, 2011 by Louise Humphreys

Posted In: Licensing

Tags: licensing, appeal, magistrates' court, licensing committee

A recent decision by the Court of Appeal serves as a reminder of how appeals to the magistrates' court from decisions of local authority licensing committees are to be dealt with - Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates' Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

It was not in dispute that the appeal was a re-hearing at which the affected parties were all entitled to call evidence and that the court had to make its decision on the full material before it. However, the court should pay careful attention to the reasons given by a licensing authority for arriving at the decision under appeal, although the weight which should ultimately be attached to those reasons was a matter of judgment in all the circumstances, taking into account the fullness and clarity of the reasons, the nature of the issues and the evidence given on appeal. At the end of the day however, the decision before the Magistrates' Court was whether the decision of the licensing committee was wrong.