Licensing

Delivery drivers and supply in the provision of late night refreshment

In a recent ruling a district judge has provided helpful clarity on the role of third party delivery drivers and the question of supply in the provision of late night refreshment under the Licensing Act 2003. Leo Charalambides and James Rankin examine the ruling. Read more

NEWS

Nov 15, 2024

Institute of Licensing issues updated taxi licence suitability guidance for local authorities

The Institute of Licensing has published updated guidance for licensing authorities when considering the suitability of applicants and licensed holders for taxi and private hire driver, operator and vehicle proprietor licences.

Nov 14, 2024

National Association of Licensing and Enforcement Officers and Institute of Licensing agree merger

The National Association of Licensing and Enforcement Officers (NALEO) and the Institute of Licensing (IoL) have agreed in principle to unite to become a single professional body for licensing practitioners.

Nov 11, 2024

Consolidated legislative framework for licensing taxi drivers key for public safety, charity says

A personal safety charity has called for national minimum standards for licensing taxi and private hire vehicle drivers after finding at least 90 active licences were held by drivers with convictions for violent offences.

Nov 11, 2024

Council prosecutes pair after finding licensed taxi business used unlicensed taxi driver

Two men have been prosecuted by Lichfield District Council after licensing officers caught a licensed taxi company handing business to a driver without a taxi licence.

Sep 20, 2024

Radio giant launches legal action against council over “statutory nuisance” caused by buskers outside its headquarters

Global, Europe’s largest commercial radio company, has launched an Environmental Protection Act 1990 prosecution against Westminster City Council over the local authority’s alleged failure to adequately regulate buskers outside the company’s offices in Central London.

Aug 27, 2024

Animal sanctuary to appeal council decision to refuse application to keep lemurs

The high-profile founder of a private animal sanctuary is appealing against a decision by Uttlesford District Council to refuse her application to keep Ring Tail lemurs.

Aug 07, 2024

London borough wins planning battle over pub conversion

The owner of a former pub must reinstate it as such following enforcement action by the London Borough of Southwark.

Jul 11, 2024

Remote licensing hearings are lawful: High Court

Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.

Jul 10, 2024

Institute of Licensing launches consultation on revised suitability guidance for taxi and private hire licensing

The Institute of Licensing (IoL) has today (10 July) launched a consultation on its draft revised guidance on determining the suitability of applicants and licensees in the taxi and private hire industry.

Jul 03, 2024

City council launches random drug testing policy for taxi drivers

Southampton City Council has voted to implement a new drug testing policy for taxi drivers that allows council officers to carry out spot checks on licensed drivers.

Jun 18, 2024

Councillor who sold puppies without licence handed £50k confiscation order

A councillor in Gloucester has been ordered to pay £49,823.36 for selling puppies without a licence.

Jun 14, 2024

Magistrates’ court rejects appeal over revocation of private hire licence

East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.

FEATURES AND ANALYSIS

October 10, 2024

Martyn’s Law - The New Bill

Gary Grant of Francis Taylor Building summarises the main provisions in the new Terrorism (Protection of Premises) Bill 2024 (“ Martyn’s Law”) and explores what premises and events will be in scope, details of the two-tiered protect duty that will impact 180,000 premises, including many in the hospitality sector and buildings owned by local authorities, and the enforcement provisions, as well as…

September 12, 2024

The interaction between planning legislation and adjacent regulatory regimes

In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Daniel Henderson looks at the lessons from the ruling.

August 23, 2024

Determining the suitability of applicants and licence holders for taxi and private hire licensing

The Institute of Licensing is consulting on its draft revised guidance on determining the suitability of applicants and licensees in the taxi and private hire industry. Read about the rationale for the changes, and how to take part in the consultation.

August 09, 2024

Local authority prosecutions and abuse of process

Recorder Zeb, sitting with two Justices in the Bristol Crown Court on appeal, recently found Bristol City Council had behaved in a way which ‘offends the sense of justice and fairness’ in a prosecution against Wyldecrest Park Management Limited. Scott Stemp explains why.

July 15, 2024

Private hire operators outside London and their customers

The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.

July 11, 2024

Remote licensing hearings are lawful, High Court rules

The High Court has dismissed a challenge to a licensing authority’s use of remote hearings. Matt Lewin explains what this means for licensing authorities.

June 05, 2024

Local Authority Insight Series: Taxi Licensing

A fascinating discussion between Taxi Licensing experts Stephen Turner and James T H Button who outline and analyse the latest issues concerning taxi licensing for local authorities.

March 22, 2024

PHV operators and sub-contracting to ‘out of area’ drivers

Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.

MORE NEWS

May 20, 2024

Taxi driver loses appeal over revocation of licence for using mobile whilst driving

A taxi driver has failed in an appeal over the revocation of his private hire licence after he was caught by police using a mobile phone whilst driving.

May 15, 2024

‘Agent of change’ principles should be enshrined in law, select committee says

MPs have said the 'agent of change' principle should be put on a statutory footing "at the earliest opportunity" as part of efforts to help support the UK's faltering grassroots music industry.

May 14, 2024

Nightclub brings High Court challenge after licence revoked at remote hearing

The High Court will this week (15 May) hear a challenge being brought by a nightclub in south-east London to a licensing authority’s use of remote hearings.

Apr 10, 2024

Lack of funding for local authorities to enforce regulations may ‘embolden’ unscrupulous pet breeders to flout rules, says select committee

The Environment, Food and Rural Affairs (EFRA) committee has called for a list of licensed pet breeders to be made public, noting that more than half of the puppies entering the market come from unlicensed breeders.

Apr 04, 2024

Government makes pavement licensing regime permanent

The Department for Levelling Up, Housing and Communities has commenced the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023, establishing a permanent pavement licensing regime for England.

Mar 28, 2024

London pedicab licensing bill set to receive Royal Assent

A bill that will hand Transport for London (TfL) new licensing powers over pedicabs operating in the capital has passed its third reading in the House of Commons and is set to receive Royal Assent in the coming weeks.

Mar 26, 2024

Kate Nicholls elected Institute of Licensing National Chair

Kate Nicholls, Chief Executive of UKHospitality, has been elected National Chair of the Institute of Licensing.

Mar 25, 2024

New licensing rules needed to regulate shisha bars, councils say

A new licensing regime is needed to crack down on shisha bars that breach smoking laws and are linked to anti-social behaviour, the Local Government Association has said.

Mar 20, 2024

Noise abatement notice upheld by judge following appeal from Manchester music venue

A judge has upheld a noise abatement notice issued by Manchester City Council after an appeal from the late-night music venue.

Feb 09, 2024

Government to consult on Martyn’s Law to ensure public premises better prepared in event of terror attack

The Home Office has launched a six-week consultation on new laws which will require premises to fulfil necessary steps, according to their capacity, to help keep the public safe from terrorist attacks.

Jan 19, 2024

Minister calls for greater collaboration between local licensing and planning regimes, additional training for officers

The Government is to further strengthen the section 182 Guidance that accompanies the Licensing Act 2003 by providing detailed advice on practical ways that local licensing and planning regimes can collaborate, the Minister of State with responsibility for alcohol licensing has said.

Dec 18, 2023

LGA and Institute of Licensing issue training standard for licensing committee members

The Local Government Association (LGA) and the Institute of Licensing (IoL) have this month published a training standard designed to set out what they believe to be a basic level of licensing committee member training.

Dec 11, 2023

Botkai named senior partner at Winckworth Sherwood

Winckworth Sherwood has named the head of its Commercial Real Estate and Licensing practice, Robert Botkai, as its new senior partner.

Nov 20, 2023

Government updates best practice guidance on taxi and PHV licensing in bid to crack down on discrimination against disabled people

The Department for Transport has issued updated best practice guidance on taxi and private vehicle hire licensing.

Oct 24, 2023

Industry body calls for planning and licensing reforms to protect night time economy

Local authorities should have a duty to create a local night-time strategy, local plans should set out express protections for the night-time economy, and Parliament should legislate for remote licensing meetings, the Night Time Industries Association (NTIA) has said.

Oct 12, 2023

Wolverhampton defends approach to licensing private hire drivers amid call for change to law

Wolverhampton City Council has denied that it has acted improperly by licensing large numbers of minicab drivers who operate in other areas, after a BBC investigation found 9,000 drivers in Greater Manchester - one-third of the region’s total - had licences issued by Wolverhampton.

Oct 11, 2023

Council defers vote on controversial taxi licensing policy

Protests from local taxi drivers have seen West Northamptonshire Council defer a vote on controversial new licensing rules.

Oct 05, 2023

Council calls for “urgent” regulation of pedicabs

Westminster City Council is calling for the Government’s “long-promised” Transport Bill to be part of the legislative agenda, in order to regulate the impact of pedicabs and dockless bikes.

Sep 21, 2023

Ombudsman criticises council for failing to respond to restaurant nuisance complaints

A Brentwood homeowner who suffered years of distress because the council did not properly investigate her concerns about the restaurant next door to her home, has had her complaint upheld by the Local Government and Social Care Ombudsman.

Aug 14, 2023

Councils lack powers they need to manage local gambling premises effectively: LGA

Councils do not, at present, have the powers they need to effectively manage local gambling premises, the Local Government Association (LGA) has warned.

Jul 17, 2023

Government updates guidance to reflect changes intended to make late night levy more flexible, better targeted

The Home Office has issued updated guidance on the late night levy to reflect changes that were commenced last week (13 July).

Jul 03, 2023

Home Office facing judicial review challenge over decision to require controlled drugs licence to carry out festival drugs testing

A Home Office policy requiring charities to obtain a controlled drugs licence in order to conduct safety tests on drugs at music festivals has "put lives at risk", a pre-action protocol letter challenging the decision has argued.

Jun 28, 2023

Council secures closure order after finding takeaway operating secret basement nightclub

Manchester City Council has handed a takeaway that was the subject of numerous complaints from locals a closure order after an investigation found the premises was operating an unlicensed nightclub and bar from its basement.

Jun 22, 2023

Council failed to complete investigation and communicate decision to school taxi driver, Ombudsman finds

The Local Government and Social Care Ombudsman has found that a borough council “failed to communicate” with a taxi driver after it received untrue allegations against him.

Jun 19, 2023

Police force and three councils link up to tackle taxi drivers plying for trade illegally

Seven taxi drivers have been convicted of plying for trade illegally, following an operation that involved the cooperation of Staffordshire Police and three separate councils in the area.

Jun 12, 2023

Court of Session in Scotland finds council short term let licensing policy unlawful

Scotland's Court of Session has found Edinburgh City Council's policy requiring short-term let (STL) operators to be licensed to be unlawful as it was not for the council as licencing authority to decide that a licence should not be granted just because a property is in a tenement.

May 31, 2023

Permission refused on papers for judicial review challenge to taxi CCTV licensing policy

The High Court has refused permission for a judicial review challenge that contended South Cambridgeshire District Council's policy requiring taxis to be fitted with CCTV was irrational.

May 18, 2023

Greggs and Westminster agree deal on Leicester Square late night operations

Baker Greggs and Westminster City Council have reached a deal in their dispute over whether an outlet in Leicester Square can sell hot food all night.

May 04, 2023

Nightclub gets go-ahead for judicial review after council grants planning permission for regeneration scheme

A Maidenhead night club has won permission to judicially review a decision by the Royal Borough of Windsor & Maidenhead to give planning permission for a regeneration scheme that would include its site.

May 03, 2023

Gambling laws shake-up to see review of fees councils can charge for premises licences, new powers to conduct cumulative impact assessments

The Government has announced a “major” reform of gambling laws in order to protect vulnerable users, which includes a review of the fees which local authorities can charge for premises licences.

May 02, 2023

Home Office publishes draft ‘Martyn’s Law’ for venue safety

The Government has published the draft Terrorism (Protection of Premises) Bill setting out the requirements that, under the so-called ‘Martyn’s Law’, venues and other organisations will have to meet to ensure public safety.

Apr 20, 2023

Greggs to seek mediation with Westminster City Council in bid to resolve dispute over late night operation of Leicester Square branch

Bakery chain Greggs is seeking mediation over a licensing dispute with Westminster City Council ahead of court action due next month.

MORE FEATURES

March 13, 2024

Setting aside s84 final orders modifying covenants

The London Borough of Southwark has successfully obtained the setting aside of parts of a final order made under s.84 of the Law of Property Act 1925 modifying covenants in a lease of a public house. Philip Rainey KC explains how.

November 17, 2023

Defending decisions on assets of community value

A Tribunal has upheld a council’s decision to include what the judge described as a ‘drinking man’s boozer’ on the list of assets of community value. John Fitzsimons looks at the ruling.

November 17, 2023

Driving offences and revocation of licences

A Magistrates’ Court has found that a council was right to revoke a driver’s licence following a pattern of dangerous driving. Matt Lewin explains why.

July 20, 2023

Martyn’s Law: considerations for property owners

The Terrorism (Protection of Premises) Bill (the “Bill” or ‘Martyn’s Law’) was published by the UK government on 2nd May 2023. The Bill is currently in draft and is being reviewed by the Home Affairs Select Committee, therefore subject to amendment prior to any subsequent introduction to Parliament, write James Nelson and Ewan Anthony.

May 26, 2023

Gambling advertising and the White Paper

Gerald Gouriet KC assesses the Government’s proposals in its White Paper, “High Stakes: Gambling Reform for the Digital Age”.

May 19, 2023

Sex entertainment venues and nil cap policies: the Edinburgh ruling

Is the Edinburgh SEV Opinion really a victory for the strip club industry, asks Josef Cannon.

January 13, 2023

Penalties for gambling breaches

Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.

January 06, 2023

Changes to the section 182 guidance

The Home Office has issued new section 182 guidance under the Licensing Act 2003. Paddy Whur examines the key changes.

November 25, 2022

Taxi driver licence appeals: burden of proof

Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.

October 07, 2022

No duty owed to taxi driver

A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.

July 22, 2022

Private hire apps are legal: R (UTAG) v TfL & Transopco UK Ltd

Philip Kolvin QC and Ronnie Dennis analyse an important Court of Appeal ruling on the lawfulness of Transport for London's decision to grant the company behind FREE NOW a London PHV operator's licence.

July 15, 2022

High Court concludes suspension ought to be lifted in National Lottery challenge

The High Court recently delivered a preliminary judgment in linked claims concerning the lawfulness of the recently completed competition for the licence to operate the National Lottery from 2024 onwards. Helen Davies QC and Malcom Birdling assess the implications.

July 08, 2022

Taxi drivers and inappropriate conversations

A driver who entered into inappropriate conversations with a child has lost his appeal against revocation of his private hire driver licence. Olivia Davies explains why.

June 24, 2022

Caravans sites: fit and proper persons

In 2020 Parliament provided for a register of fit and proper persons to manage residential caravan sites. In the first case to come before the First Tier Tribunal under the legislation, the Tribunal has upheld the refusal by Arun District Council to register five companies as fit and proper persons, writes Philip Kolvin QC.

May 27, 2022