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Licensing v.2.0 – a system reboot post-Covid
Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
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Determining the suitability of applicants and licence holders for taxi and private hire licensing
The Institute of Licensing is consulting on its draft revised guidance on determining the suitability of applicants and licensees in the taxi and private hire industry. Read about the rationale for the changes, and how to take part in the consultation.
Private hire operators outside London and their customers
The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.
Remote licensing hearings are lawful, High Court rules
The High Court has dismissed a challenge to a licensing authority’s use of remote hearings. Matt Lewin explains what this means for licensing authorities.
PHV operators and sub-contracting to ‘out of area’ drivers
Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.
Driving offences and revocation of licences
A Magistrates’ Court has found that a council was right to revoke a driver’s licence following a pattern of dangerous driving. Matt Lewin explains why.
Gambling advertising and the White Paper
Gerald Gouriet KC assesses the Government’s proposals in its White Paper, “High Stakes: Gambling Reform for the Digital Age”.
Sex entertainment venues and nil cap policies: the Edinburgh ruling
Is the Edinburgh SEV Opinion really a victory for the strip club industry, asks Josef Cannon.
Penalties for gambling breaches
Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.
Changes to the section 182 guidance
The Home Office has issued new section 182 guidance under the Licensing Act 2003. Paddy Whur examines the key changes.
Taxi driver licence appeals: burden of proof
Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.
No duty owed to taxi driver
A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.
Private hire apps are legal: R (UTAG) v TfL & Transopco UK Ltd
Philip Kolvin QC and Ronnie Dennis analyse an important Court of Appeal ruling on the lawfulness of Transport for London's decision to grant the company behind FREE NOW a London PHV operator's licence.
High Court concludes suspension ought to be lifted in National Lottery challenge
The High Court recently delivered a preliminary judgment in linked claims concerning the lawfulness of the recently completed competition for the licence to operate the National Lottery from 2024 onwards. Helen Davies QC and Malcom Birdling assess the implications.
Taxi drivers and inappropriate conversations
A driver who entered into inappropriate conversations with a child has lost his appeal against revocation of his private hire driver licence. Olivia Davies explains why.
Caravans sites: fit and proper persons
In 2020 Parliament provided for a register of fit and proper persons to manage residential caravan sites. In the first case to come before the First Tier Tribunal under the legislation, the Tribunal has upheld the refusal by Arun District Council to register five companies as fit and proper persons, writes Philip Kolvin QC.
Are cumulative impact policies yesterday’s news?
Paddy Whur examines the latest developments in relation to cumulative impact policies.
Application for licence for 24-hour delivery of alcohol turned down
A district judge has upheld a council’s decision to refuse a licence for 24-hour London alcohol delivery in London. Horatio Waller explains why.
Taxi licensing and the fit and proper person test
Sefton Council has overturned a Magistrates Court’s decision to grant a taxi licence to an ex-policeman convicted of child abduction. Gary Grant explains how.
The fit and proper person test and acquittals in the criminal courts
An appeal court has recently considered a taxi driver’s licence revocation after his acquittal in criminal courts. Gary Grant explains the outcome.
Licensing committees and procedural defects
A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.
Renewal of taxi drivers’ licences
Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.
Can remote licensing hearings continue?
Philip Kolvin QC asks whether the High Court's decision that remote local authority meetings cannot continue without new legislation applies to licensing committee hearings.
Uber: where next
Philip Kolvin QC looks at the likely fallout from the Supreme Court's ruling on whether Uber drivers were 'workers'.
The Office: District Judge rules on Covid-19 Summary Review
An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
Coronavirus restrictions and interim steps appeals
Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences
Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
Licensing v.2.0 – a system reboot post-Covid
Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
Taxi drivers: the "fit and proper" standard and the benefit of the doubt
A taxi driver was recently not given the benefit of doubt over inappropriate behaviour towards children. Matt Lewin explains why.
The Lockdown 2 Regulations
Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
The 3-Tier Covid Regulations: Impact on Licensed Premises
Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
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