Publisher Citation: [2001] All ER (D) 161 (Feb)
Court: Court of Appeal, Civil Division

Lord Woolf CJ, May and Jonathan Parker LJJ

Representation Charles Salter (instructed by Wilson Barca) for M.
  Timothy Spencer (instructed by Colin Spencer) for the council.
Judgment Dates: 14 February 2001


Sex establishment - Control - Licensing - Premise being used as unlicensed sex shop - Closure notice - Whether closure notice properly served - City of Westminster Act 1996, s 3(2)(a)(ii).

The Case

The fact that the City of Westminster Act 1996 said that a closure notice 'shall' be served on a person to whom s3(2)(a)(ii) applied did not mean that if it were not, the result was a nullity.

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