David Hercock 

Practice:  

Regulatory, Licensing and Disciplinary

Profile:

David joined Chambers at the end of 2004 from Masons Solicitors (now Pinsent Masons) in London where he was in house Counsel.  He has been appointed to the Attorney General’s Panel of Prosecution Advocates and has considerable experience in all areas of regulatory, disciplinary and licensing law.  This includes regulatory enforcement, judicial review claims, licensing hearings and appeals, statutory appeals and inquiries, and disciplinary proceedings. 

David has a broad range of regulatory law experience with particular expertise in consumer and trading law, health safety and environmental law, planning enforcement and food safety. He also has a considerable range of licensing law experience ranging from alcohol and entertainment licensing through to gambling and including public transport and road haulage licensing.  He has particular expertise in those matters pertaining to the Licensing Act 2003. 

Significant Work includes:

David has significant experience in the licensing of open air festivals and venues.  Notably, he has recently been involved in licensing proceedings before a licensing committee relating to a music festival in North Yorkshire (the application was for an audience of 29,000) and in appeal proceedings relating to a music festival in Lancashire.  He has also been involved in licensing appeal proceedings in respect of a Mega Mela Festival in Rochdale. 

He has also advised Liverpool City Council as to the licensing of its city centre streets and open spaces in the light of its status as European Capital of Culture 2008. 

He recently successfully represented a City Council defending a judicial review claim, the claim considering the interrelationship of the late night refreshment provisions of the Licensing Act 2003 and the street trading provisions of the Local Government (Misc Prov) Act 1982 (see R (on the application of Kelly v Liverpool City Council (2008) CO/9207/2006). 

David has significant experience of advising and appearing in licensing proceedings relating to the licensing of nightclubs, bars, restaurants and other entertainment venues.   

He also has substantial experience in the licensing of the private hire and hackney carriage industry.  This includes appeal proceedings before the Magistrates’ Court and Crown Court together with advisory work in respect of policies and judicial review claims.   

He has recently advised a City Council on the formation and implementation of a policy relating to the retention of information (complaints, convictions etc) about drivers and operators.  This involved issues vis-à-vis the interrelationship between the licensing regime and the Data Protection Act 1998.  David is currently acting in judicial review proceedings involving a challenge to a City Council’s taxi licensing process on the grounds of disability discrimination and infringements of Article 28 EC Treaty. 

David has advised a company as to the licensing status of an internet betting site involving forecast competitions in respect of sporting events.  He has also advised the licensing authority of a Borough Council in respect of fund raising lotteries and the remit of non commercial societies under the Gambling Act 2005.  

He is currently acting on behalf of the Law Society seeking disclosure of documents pertaining to childcare proceedings for use in a disciplinary investigation against a solicitor.  He has also recently represented a Chartered Accountant in disciplinary proceedings before the ACCA governing body in respect of issues concerning alleged breach of confidentiality. 

David is experienced in consumer and trading law proceedings ranging from product recall issues, statutory notices and enforcement/prosecution proceedings.  He has represented a company in a claim for judicial review against OFCOM following the service of an enforcement notice (the case involved oral representations before the European Commission in Brussels following a statutory referral to them).  He also advised on the legal route and procedure to be followed on a reference to the European Court of Justice.   

He has also represented a company involved in the sale of sporting memorabilia who was the subject of enforcement notice proceedings instituted under the Enterprise Act 2002 (the case involved allegations concerning the unauthorised use of trade marks and false trade descriptions). 

David has experience of prosecuting high value trade mark cases involving counterfeit goods.   He also has experience of high value confiscation proceedings (trading standards related) and has recently concluded an appeal against a confiscation order heard before the Court of Appeal.  David has recently defended a company in a trading standards prosecution relating to the importation of counterfeit motorcycles.  The prosecution was followed by confiscation proceedings in which the alleged benefit was initially in excess of £1 million.   

He is also experienced in environmental issues relating to waste, pollution and statutory nuisances.  Recently he has represented an earthmoving company following a water pollution incident and a waste management company following the unlawful depositing of waste at an unlicensed premise.  He also has a wide range of statutory nuisance experiences (noise, odours etc) and has been involved in cases in respect of domestic and industrial premises. 

David has advised a multinational PLC in respect of issues concerning contaminated land and its liability for remediation of such land following statutory transfers of liability (now culminated in R(on the application of National Grid Gas) v Environment Agency [2007] UKHL 30). 

He has considerable experience of appearing in health and safety prosecutions and statutory notice proceedings involving fatalities, serious injuries and gas and dangerous substance exposures.  He has defended a multi national construction company prosecuted following a fatality at a construction site caused by crushing.  The case involved an application to stay proceedings as an abuse of process following a delay of seven years before proceedings were commenced.  He has also recently prosecuted a company following an incident at one of its warehouses in which an employee was crushed by material and left paralysed from the neck downwards.   

David has also represented a multinational firm of planning surveyors who were prosecuted following an asbestos exposure at a school that occurred during a construction project.  He is presently representing a company in a health and safety prosecution following a chlorine gas release at one of the company’s leisure and fitness centres.  David is also currently acting in Northern Ireland defending proceedings involving allegations relating to the collapse of a tower crane at a construction site.   

Recommendations:

Chambers UK 2008
David has been described as “authoritative yet approachable” and garnered praise for his “excellent knowledge of regulatory law”.  “Sources applaud his clear, considered advice as well as his extraordinary attention to detail”.

Legal 500 2008
"health and safety defence instructions have included fatalities, explosions and chemical exposure"

Legal 500 2007
He is recommended for regulatory work including health and safety, food safety and environmental law.

Legal 500 2006
David is recommended for health and safety and regulatory law.

Chambers & Partners 2006
He was described as “respected” in relation to health and safety prosecutions.

Memberships:
North Eastern Circuit

 

Career & Education:

University:

Nottingham Law School, Nottingham Trent University 

Degree:

 

LL.B (Hons) Law, Upper Second Class (2.1)
Bar Vocational Course (BVC), Very Competent

Acknowledgments: Basil Nield Award (Inner Temple)
Year of Call: 2001 Inner Temple 
Joined Chambers: 2004

David Hercock

Year of Call: 2001

Specialises In:
Regulatory

Clerked by:
 Andrew Reeves

 

 

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