news from 12.2009

22.12.2009

Luminar / Lucien Barriere casino joint venture dismissed
Tuesday, December 22, 2009

In the last casino application heard under the Gaming Act 1968, Leeds Crown Court has dismissed the appeal of Waterimage Limited to operate the former Majestic Nightclub as a casino. Waterimage is a partnership between UK’s largest nightclub operator Luminar Leisure and the French casino operators Lucien Barriere. The nightclub, a grand Victorian building in City Square, has remained empty since Luminar moved its business elsewhere in the city. The proposal was for an entertainment-led casino including a sports bar, disco, piano bar, restaurant.

The Judge, sitting with four Justices, concluded that these features did not amount to gaming within the meaning of the 1968 Act, and that there was no unmet demand for actual gaming facilities in Leeds, given the existence of competitive facilities operated by Gala, LCI, Grosvenor and Napoleons. She also refused to exercise her discretion to grant a licence, holding the absence of demand and the existence of competition were important factors. Importantly, she considered economic and regeneration factors to be irrelevant to the purpose of the 1968 legislation. Furthermore, all of those factors could be deployed in the competitive process contemplated by the Gambling Act 2005, Leeds having been awarded the right by Parliament to award a large casino licence.

Gala Casinos was represented by Philip Kolvin QC

Grosvenor Casinos was represented by Stephen Walsh QC

LCI was represented by Martin Walsh QC

Waterimage was represented by Gerald Gouriet QC

17.12.2009

2-3 Gray's Inn Square wishes everyone Seasons Greetings
Thursday, December 17, 2009

We are not sending any cards this year, but have instead sent a donation to the Christopher Hatton Primary School, Camden which is currently fundraising to convert a car park into a playground for children at the school.

Regards
Lynne Orsborn

09.12.2009

Supreme Court rules on developers? rights of connection
Wednesday, December 09, 2009

In one of its first judgments the new Supreme Court has ruled on developers’ rights of connection to public drainage infrastructure, in Barratt Homes Limited v DCC [2009] UKSC 13.

Barratts succeeded on both the points raised by the case. The Court held that Welsh Water (DCC) had no right to refuse connection at Barratts’ chosen point of connection under s106 of the Water Industry Act 1991 or to direct a different point of connection. It also held that where undertakers’ statutory powers under s106 come into play, failure to act within the time prescribed will prevent them from being exercised.

Anthony Porten QC and Steven Gasztowicz QC argued the case on behalf of Barratts before the House of Lords in July, assisted by Clare Parry.

This was one of the last cases ever to be heard in the House of Lords and the argument took place in the Chamber itself to mark the occasion. The judgment was given by Lord Phillips, President of the new Supreme Court, today.

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