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

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

Catchwords

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.

If you are a LexisLibrary subscriber you can read more about this case here.