Ben Williams

Specialisms  

Regulatory
Consumer
Food Safety and Animals
Environmental
All forms of Licensing Law (particularly the Licensing Act 2003)
Disciplinary
Inquests
Employment (Wrongful and unfair dismissal, discrimination)

 

Ben is a member of the Common Law team. His practice has a strong emphasis on regulatory law. He regularly prosecutes and defends Health and Safety and Trading Standards matters, and is experienced in abatement notices including statutory appeals against such notices. Ben has a keen interest in Coroners Court Inquests and Licensing matters including public transport licensing and public entertainment licensing. He also attends Disciplinary hearings on behalf of police officers and medical practitioners.

Significant Work includes:

Regulatory

Licensing

Ben regularly appears in taxi licensing cases both for local authorities and appellants involving both hackney carriage and private hire vehicles.  He has advised extensively on the formulation and implementation of local authority taxi licensing policy.  Ben has experience in prosecuting cases involving offences contrary to licensing legislation including the Licensing Act 2003 and taxi cases involving the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847.

He is also experienced in liquor and entertainment licensing prosecutions including offences of sales of alcohol to underage persons and breach of licence authorisations. Ben has several High Court determinations pending concerning taxi licensing and the Licensing Act 2003. Recently Ben has gained particular notoriety having prosecuted an individual who has publicly flouted the new smoking ban in his licensed premises. These matters are still ongoing and are destined for the High Court.

Health and Safety

Ben regularly appears on behalf of road haulage clients in health and safety prosecutions brought by local authorities, the health and safety executive and the police.  One notable case concerned an individual who was nearly blinded due to over exposure to UV light emitted from a sun bed.

Other Regulatory

Ben has defended matters concerning offences contrary to poaching legislation including the Salmon and Freshwater Fisheries Act 1975. Ben is experienced in cases involving other regulatory legislation including the Private Security Industry Act 2001, the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 and the Education Act 1996. Ben is also experienced in cases under the Food Safety Act 1990 and subordinate regulations.  Ben frequently appears to defend enforcement action brought by the Department of Trade and Industry including criminal prosecutions and confiscation proceedings.

Disciplinary

Ben is experienced in all areas of Disciplinary Proceedings and has recently acted on behalf of police officers, professional sportsmen and medical professionals.

Inquests

Ben is experienced in appearing before a jury and before a Coroner alone. Ben appeared at a coroners’ inquest before a jury on behalf of a client who owned a piercing and tattoo salon. The case concerned the death of a 17 year old person who had died of heart failure following a lip piercing conducted by his client’s employee.  The case was particularly high profile and was followed by the national press.

Employment

Ben is experienced in all areas of employment law including unfair dismissal and victimisation claims. He regularly appears before Tribunals for both Claimants and Respondents. He has appeared in a number of Discrimination claims including both race and sex discrimination.

Significant/Reported Cases  

Blackpool Borough Council v Blacktax Radio Taxis Ltd (2008) LTL 17/10/2008 (s.55 Local Government (Miscellaneous Provisions) Act 1976; Taxi licensing; right of appeal to the Magistrates Court and the lawfulness of conditions)

R (Birmingham City Council) v Brian Bruno Darwent – (Consumer Credit Prosecution in Sheffield brought by Birmingham City Council pursuant to a central Government scheme, enacted to counter the growing problem of illegal “loan sharks”.)

R (on the application of 4 wins Leisure Ltd) v the Licensing Committee for Blackpool Council and others [2007] All ER (D) 185 (Aug) – (Licensing Act 2003, determination of whether a business was ‘in the vicinity’ s.13 (3))

Luminar Leisure Ltd and another v Brook Leisure Ltd and another [2008] All ER (D) 272 (Apr) – (Licensing Act 2003, impact of Crime and Disorder happening away from the licensed premises)

Memberships:

Road Transport Lawyers Association
North Eastern Circuit

Career and Education:

University:

Degree:

Year of Call:

 

Joined Chambers:

Newcastle upon Tyne

LLB - Law (Upper Second Class Honours)

2001 (Middle Temple)

Middle temple Scholar, including the Joseph Jackson Pupillage prize.

2006

 

Ben Williams

Year of Call: 2001

Specialises In:
Regulatory & Employment

Clerked by:
 Andrew Reeves

 

 

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