||All England Reporter
|| All ER (D) 147 (Apr)
|| EWHC 815 (Admin)
||Queen's Bench Division (Administrative Court)
||Sir Richard Beckett QC and Stephen Walsh (instructed by McLellans) for the claimant.
||Philip Kolvin (instructed by Richard Lingard, Guildford) for the authority.
||11 April 2006
Licensing - Licensing policy - Application for variation to extend permitted hours - Authority refusing variation - Authority relying on statement of policy adopting cumulative impact policy to refuse variation - Whether reliance on cumulative impact policy precluded by statute, Secretary of State's guidance, or authority's statement of policy - .
A local licensing authority had been entitled to find JD Wetherspoon plc's application for a variation of its licence to extend its terminal hour by three hours a 'material variation' so that its cumulative impact policy applied to the application. Reliance on a cumulative impact policy was neither precluded by the the Secretary of State's guidance, nor by the authority's statement of licensing policy, which adopted a cumulative impact policy in respect of the area in which the public house was situated.
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