ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION (ADMINISTRATIVE COURT)
The Recorder of Birmingham (His Honour Judge William Davis Q.C.)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOORE-BICK
LADY JUSTICE BLACK
| NOOR MOHAMMED KHAN
|- and -
|COVENTRY MAGISTRATES' COURT
COVENTRY CITY COUNCIL
Mr. Peter Miller (instructed by Coventry City Council Legal Services) for the interested party
The defendant did not appear and was not represented
Hearing dates : 19th May 2011
Crown Copyright ©
Lord Justice Moore-Bick :
(i) that the appellant had breached a fundamental section of the Licensing Act;
(ii) that he had a poor understanding of the Act and particularly of the role of the licensee, the designated premises supervisor and the licensing objectives; and
(iii) that the management of the premises was such that there was a real likelihood that crime prevention measures in the vicinity and the aim of protecting young persons from harm would be undermined by his holding a licence.
"4 General duties of licensing authorities
(1) A licensing authority must carry out its functions under this Act ("licensing functions") with a view to promoting the licensing objectives.
(2) The licensing objectives are—
(a) the prevention of crime and disorder;
(b) public safety;
(c) the prevention of public nuisance; and
(d) the protection of children from harm.
51 Application for review of premises licence
(1) Where a premises licence has effect, an interested party or a responsible authority may apply to the relevant licensing authority for a review of the licence.
. . .
(3) The Secretary of State must by regulations under this section—
(a) require the applicant to give a notice containing details of the application to the holder of the premises licence and each responsible authority within such period as may be prescribed;
(b) require the authority to advertise the application and invite representations about it to be made to the authority by interested parties and responsible authorities;
(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any interested party;
(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.
181 Appeals against decisions of licensing authorities
(1) Schedule 5 (which makes provision for appeals against decisions of licensing authorities) has effect.
(2) On an appeal in accordance with that Schedule against a decision of a licensing authority, a magistrates' court may—
(a) dismiss the appeal,
(b) substitute for the decision appealed against any other decision which could have been made by the licensing authority, or
(c) remit the case to the licensing authority to dispose of it in accordance with the direction of the court,
and may make such order as to costs as it thinks fit."
Lady Justice Black:
Lord Justice Thorpe: