Roy discusses the requirement to advertise licensing applications, sexual entertainment venues, test purchases, and taxi licensing.
Download article: Licensing update July 2013
View profile: Roy Light
In this case the Court of Appeal has given an important ruling in relation to the question of period of hire. The full text of Opoku will not be available for a few weeks and it is not yet clear if the claimant will seek to appeal. It does not spell the end of the road for credit hire by a long way, but it should give claimants and defendants pause for thought.
Download article: Opoku v Tintas: end of the road for impecuniosity?
View profile: Patrick West
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Patrick was Counsel for the Haines family, which he clearly stated but ITV news have identified Patrick as a solicitor causing some confusion.
View media: ITV West News
Emma Zeb and Patrick West both attended the 2 day inquest at Flax Bourton Coroner’s Court into the death of Kathleen Haines. Mrs Haines sustained burns to her legs when an oxygen cylinder which was being prepared for use during her transfer from the RUH in Bath to the BRI exploded as the nurse caring for her at the time tested the oxygen cylinder for flow before attaching it to her nasal canula. Mrs Haines died some weeks later from her underlying medical condition but the Coroner determined that the burns had contributed in part to her death. Emma Zeb represented the nurse who was handling the cylinder at the time of the explosion.
On 2 July 2013 Parliamentary Under-Secretary of State for Justice, Helen Grant, indicated that the Government intends to bring the remaining provisions of part 1 of the CJA 2009 into force sometime this month.
Those interested in inquests will know that Part 1 of the CJA 2009 proposed a number of new provisions seeking to codify in many respects the role and responsibilities of a Coroner as well as some aspects of procedure in the Coroner’s court. Since then the only significant changes following the provisions was the appointment of a Chief Coroner who took up his post in September 2012. The new rules also brought about changes to those who may be considered interested parties with some significant developments in relation to rule 43. Assuming the government does indeed keep its promise we can expect that some time this month the remaining provisions will come into force. Watch this space!
View profile: Emma Zeb
Using four case studies of bingo regulation (England and Wales; Canada; Brazil; and online play offered to residents of EU countries), the research aims to provide the first systematic account of how the sector is regulated. It will ascertain the key legal and policy challenges involved in regulating bingo as experienced by a variety of stakeholders, and make recommendations to UK policymakers, the UK bingo industry, third sector stakeholders, and academics.
The study commences in September 2013.
View profile: Roy Light
Members of St John’s property and real estate team spoke at our property litigation conference on Tuesday, 25th June in Cardiff. In attendance were solicitors from Hugh James, Berry Smith LLP, MLM Cartwright along with many more.
The event started with Alex Troup speaking about private rights of way, then moved onto Christopher Jones offering a practical guide on overage, John Sharples talking about property notices and Charles Auld concluding the seminar with a talk on adverse posession.
You can download a copy of some of these notes below:
Roy Light, member of our licensing team successfully acted on behalf of the Appellant in the matter of Mu Mu Enterprises v North Somerset District Council (2013) concerning proper notice for review proceedings under the Licensing Act 2003.
Generally applications under the Licensing Act 2003 must be advertised by way of notification posted on the premises as well as local newspapers circulating in the area. Regulations made under the Act also require the local authority to advertise applications on their website. Originally only applicable to reviews, the Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Amendment) Regulations 2012 extend the requirement to new and variation applications.
In Mu Mu Enterprises the Local Authority’s sub-committee carried out a review hearing despite failing to advertise the application on its website. The sub-committee, acting on the basis that it was promoting the licensing objectives, dismissed the Appellant’s argument that the review could not proceed. On appeal the Local Authority acknowledged that the application should have been advertised on its website citing clerical error for it not being advertised. However they argued that the application had been advertised by notice on the premises and reported in a local newspaper deeming this as sufficient notice and sought to rely on R v Secretary of State for the Home Department ex p. Jeyeanthan CA 1999.
The Appellant distinguished the Local Authority’s argument in Jeyeanthan and quoted from Corporation of the Hall of Arts and Sciences v Albert Court Residents’ Association & others v Westminster City Council  EWCA Civ 430:
When exercising any discretion or power of decision under the Act, a licensing authority must do so “with a view to promoting the licensing objectives” as there defined. However, once the authority is under an unqualified duty to carry out an act specified by statute there is no room for section 4 to apply. The authority simply has no choice but to perform its statutory duty’ (para.37)
Further, Matthew Taylor v Manchester City Council & TCG Bars Limited  EWCH 3467 (Admin) 30 considered the statutory procedural requirements under the Act and the judgment notes:
Subject to the express requirements of the Hearing Regulations, procedure at the hearing of an application is expressly a matter for the licensing authority (regulation 21 of the Hearing Regulations). There is no similar provision in the Premises Regulations, which are generally prescriptive as to the pre-hearing procedure that must be followed by the applicant …and the licensing authority’ (para.20 and again at para.83).
The Court in Mu Mu, allowed the appeal, declared the review proceedings void and made a costs order against the Respondent authority. As the requirement to advertise on the authority’s website has been extended it would be wise for licensing authorities and practitioners to check that applications appears on the authority’s website for ‘28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority’ – otherwise they may face the prospect that their applications will be declared invalid.
View profile: Roy Light
Leslie Blohm QC recently acted on behalf of Clarke Willmott LLP in the High Court concerning an unusual challenge over the issue of the first born son inheriting the family estate. Leslie acted on behalf of Valerie Webster deceased, who was part-owner of the historic Ash Priors estate near Taunton on the grounds of want of knowledge and approval, and proprietary estoppel.
HHJ Purle QC sitting in the Chancery Division held that notwithstanding Mrs Webster’s advanced age (98 when she made the challenged will) and apparent http://premier-pharmacy.com/product/xanax/ change of mind (altering her will to substantially reduce the share of an apparently favoured son), she fully well knew what she was doing, and acted with the assistance of a trusted and reliable family solicitor. The challenge was unusual in that it was brought by one of Mrs Webster’s grandsons, on behalf of his own father who had predeceased Mrs Webster.
This case has received national attention. To read more about this case visit The Telegraph
View profile: Leslie Blohm QC
Jeremy talked about why the policy might be necessary, what the implications are, and how popular they appear to be in other parts of the country.
View profile: Jeremy Phillips