Source: All England Reporter
Publisher Citation: [2008] All ER (D) 15 (Jan)
Court: Queen's Bench Division, Administrative Court
Judge:

Andrew Nicol QC sitting as a deputy judge of the High Court

Representation Gerald Gouriet QC (instructed by Eversheds LLP) for the claimant.
  Matthew Butt (instructed by Southend-on-Sea Legal Services) for the authority.
Judgment Dates: 14 January 2008

Catchwords

Gaming - Licensing of premises - Application for licence - Claimant owner of premises - Claimant seeking premises licence - Authority refusing to consider licence due to fact of premises being incomplete - Authority relying on Gambling Commission Guidance to Licensing Authorities (second edition, June 2007), paras 7.55-7.57 - Whether guidance inconsistent with legislation - Whether authority obliged to consider application - ss 159, 204

The Case

Notwithstanding paras 7.55 to 7.57 of the Gambling Commission Guidance to Licensing Authorities (second edition, June 2007), an application for a premises licence might be granted in respect of premises not yet ready for gambling because they had not been fully constructed or were to be altered, where the applicant had the right to occupy the premises, and in respect of which he held an operating licence which authorised him to carry on the activity in respect of which the premises licence was sought, or where he had made such an application which had yet to be determined.

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