Ben Williams

---

Year of Call: 2001

Practice areas:  

• All aspects of Regulatory Law and Practice
• All forms of Licensing Law (particularly the Licensing Act 2003)
• Inquests & Inquiries
• Professional Disciplinary matters
• Public Law challenges
• Employment

Profile:

Ben is a member of both the Employment and the Regulatory / Disciplinary teams.  His practice has a strong emphasis on Regulatory Law and procedure with a particular expertise in road transport and associated regulation.  Increasingly Ben is asked to advise at an early stage of investigation as well as delivering specialist advice on best practice within varied regulatory fields. He regularly prosecutes and defends Health and Safety and Trading Standards matters throughout the country, and is experienced in abatement notices including statutory appeals against such notices.  Ben has a keen interest in Coroner's Court Inquests and Licensing matters including public transport licensing and public entertainment licensing.  Ben has also represented a number of professionals before their regulating bodies in the context of disciplinary proceedings. These have included; police officers, medical practitioners, accountants and a number of different sportsmen.

Ben regularly delivers talks to Solicitors on topics of interest.  Recent seminars have included:

• The Licensing Act 2003: recent developments and pending Changes
• Recent Developments in Environmental Law
• Public law and Judicial Review

Licensing

Ben appears at first instance before licensing committees throughout the country. Ben's appellate work both for and against local authorities regularly takes him before tribunals from the Magistrates' Courts to the Administrative Court. He has extensive experience in liquor and entertainment licensing prosecutions including offences of sales of alcohol to underage persons and breach of license authorisations. Recently Ben has gained particular notoriety having prosecuted an individual who has publicly flouted the new smoking ban in his licensed premises.

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 the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847. Ben's practice includes Betting and Gaming, firearms regulation and transport licensing.

Environmental

Ben is highly experienced in cases under the Food Safety Act 1990, Environmental Protection Act 1990 and subordinate regulations. His Environmental Practice is complimented by his expertise in Health & Safety and Road Transport matters. Ben is currently involved in a number of prosecutions brought by the Environment Agency in the context of waste disposal. Ben has provided best practice guidance for a number of businesses concerned with waste management.

Transport & Road Haulage

Ben has a keen interested in Regulatory law and practice within the Road transport sector. He has experience in goods vehicle and passenger vehicle regulation including regulatory prosecutions within that context. He regularly defends prosecutions by VOSA and increasingly this has meant his representation is sought for appeals before the Transport Tribunal. Ben has appeared on behalf of a number of clients in Public Inquiries.

Health and Safety

Ben regularly appears 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. Ben frequently appears on behalf of road haulage clients through his affiliation with the Road Transport lawyers Association.

Professional Standards & Disciplinary

Ben is experienced in all areas of Disciplinary Proceedings and has recently acted on behalf of police officers, professional sportsmen and medical professionals. Recently Ben successfully acted on behalf of the British Amateur Rugby League Association (BARLA) in defence of a player's claim for declaratory relief.

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.  Ben is frequently asked to assist in Inquests that run alongside Environmental and Health & Safety investigations by prosecuting authorities. His practice has enabled his clients to benefit from the consistency of representation in these important areas.

Further Regulatory Matters

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 frequently appears to defend enforcement action brought by the Department of Trade and Industry including criminal prosecutions and confiscation proceedings.

Significant / Reported Cases:

R (on the application of 4 WINS LEISURE LTD) v (1) LICENSING COMMITTEE FOR BLACKPOOL COUNCIL (2) BROOK LEISURE BLACKPOOL LTD (3) WORLD WIDE CLUBS (UK) [2007] EWHC 2213 (Admin) (Licensing Act 2003, determination of whether a business was 'in the vicinity's.13 (3))

BLACKPOOL COUNCIL v BLACKTAX RADIO TAXIS LTD [2008] EWHC 2776 (Admin); also known as R. (on the application of Blackpool Council) v Blacktax Radio Taxis Ltd [2009] A.C.D. 18; (Local Government (Miscellaneous Provisions) Act 1976; Taxi licensing; right of appeal to the Magistrates Court and the lawfulness of conditions)

LUMINAR LEISURE LTD (Appellant) v WAKEFIELD MAGISTRATES' COURT (Respondent) & (1) BROOKE LEISURE LTD (2) CLASSIC PROPERTIES LTD (3) WAKEFIELD MDC (Interested Party) [2008] EWHC 1002 (Admin);: (2008) ACD 56;  (2008) 172 J.P. 345; (2008) 172 J.P.N. 547 (Licensing Act 2003, impact of Crime and Disorder happening away from the licensed premises)

R (BIRMINGHAM CITY COUNCIL) v BRIAN BRUNO DARWENT (2008) - (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 BLACKPOOL COUNCIL) v (1) HAMISH HOWITT (Defendant) (2) SECRETARY OF STATE FOR CULTURE MEDIA AND SPORT (Intervener) [2008] EWHC 3300 (Admin): [2009] 4 All E.R. 154; (2009) 173 J.P. 101;  (Licensing Act 2003, definition of 'crime and disorder') 

Memberships:

Road Transport Lawyers Association
Northern & North Eastern Circuits
Member of the Association of Regulatory and Disciplinary Lawyers

	Career and Education:
University:	Newcastle upon Tyne
Degree:	LLB - Law (Upper Second Class Honours)
Year of Call:	2001 (Middle Temple) Middle temple Scholar, including the Joseph Jackson Pupillage prize.
Joined Chambers:	2006