Clerked by: Paul Clarke Jake Brooke
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.
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 licensing policies.
Significant Reported Cases
Kingston upon Hill City Council v Secretary of State for Business, Innovation and Skills and Greggs PLC [2016] EWHC 1064 (Admin)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, a successful defence to a challenge to the Council’s determination of whether a business was 'in thevicinity's.13 (3))
R (on the application of Blackpool Council) v Blacktax Radio Taxis Ltd [2008] EWHC 2776 (Admin); [2009] A.C.D. 18; (Local Government (Miscellaneous Provisions) Act 1976;Taxi licensing; a successful appeal concerning the right of appeal to the Magistrates Court and the lawfulness of conditions on a licence.
Luminar Leisure Ltd v Wakefield Magistrates’ Court & (1) Brooke Leisure Ltd (2) Classic Properties Ltd (3) Wakefield MDC[2008] EWHC 1002 (Admin);: (2008) ACD 56; (2008) 172 J.P. 345; (2008) 172 J.P.N. 547 (Licensing Act 2003,a case concerning the impact of Crime and Disorder happening away from the licensed premises)
R (on the application of Blackpool Council) v (1) Hamish Howitt (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, a successful application for Review concerning the definition of 'crime and disorder' within the 2003 Act)
R (on the application of Mark Eric Morris) v (1) Preston Crown Court & (2) Blackpool Borough Council (interested party) [2012] EWHC 2134 (Admin); taxi licensing, byelaws. Successfully resisted a claim on the correct interpretation of a byelaw in the context of horse drawn hackney carriages.
Leeds City Council v (1) Leeds District Magistrates & (2) Shell UK Products Ltd (interested party) [2013] EWHC 1346 (Admin) Licensing Act 2003, a successful claim for judicial review, quashing a costs order made against the Local Authority following an appeal.
Torfaen County Borough Council v Stubbs [2014] EWHC 4702 (Admin) Street Trading – definition of a ‘roundsman’, successful case stated in which the High Court overturned the acquittal of a street trader.
36 Young Street, Manchester, M3 3FT DX: 718188 MCH 3 Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE DX: 713113 LEEDS PARK SQ Direct Dial: 0113 242 1123
Embassy House, 60 Church Street, Birmingham, B3 2DJ DX: 13023 BIRMINGHAM Direct Dial: 0121 200 3570
Paul Clarke
Jake Brooke
Constanze Bell addresses Institute of Licensing North West on Child Sexual Exploitation and the Licensing Regime
Licensing Team Hold Mock Committee Hearing
Have We Got Planning News for You: S9 Episode 2: with Joanna Averley BA, MA, MRTPI,…
The Good, the Bad and the Ugly: Proposed Changes to the NPPF
An Introduction To The Inquest Process with Irwin Mitchell
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