Source: All England Reporter
Publisher Citation: [2008] All ER (D) 412 (Apr)
Neutral Citation: [2008] EWCA Civ 428
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Smith and Richards LJJ
Representation John Howell QC and Ben Jaffey (instructed by Berwin Leighton Paisner LLP) for the Claimant.
  The defendant did not appear and was not represented.
  James Dingemans QC and Stephen Walsh (instructed by Joelson Wilson & Co) for the first and second interested parties.
  Michael Fordham QC and Jessica Simor (instructed by Walker Morris Solicitors) for the third interested party.
  Alexander Gunning (instructed by Gregory Rowcliffe Milners) for the fourth interested party.
Judgment Dates: 30 April 2008

Catchwords

Gaming - Licensing of premises - Application for licence - Licensing justices refusing application - Claimant applying for judicial review - Permission to apply for judicial review being granted - Whether licensing justices erring - para 18.

The Case

Where the claimant's application for a gaming licence under the was refused by the licensing justices, there was no error in the justices looking for reasons why the licence should be granted despite the absence of unmet demand; and the fact that they had approached the matter on the basis of the over-elaborate sequence of questions in authority gave rise to no material error. The absence of unmet demand was capable of being outweighed by other considerations but if no other relevant considerations were placed before the licensing authority then the absence of unmet demand provided a good and sufficient reason for refusal of a licence and there would be no basis for exercising the discretion otherwise than to refuse the licence.

Practice Areas

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