Onerous conditions on betting premises licence
20.07.2011
Onerous conditions on betting premises licence
Wednesday, July 20, 2011
A London Court has allowed an appeal by William Hill against two onerous conditions placed on its betting premises licence.
The conditions had been imposed by the London Borough of Brent after hearing an application for a new betting office licence in Ealing Road, Wembley. The application site was next door to a school, whose headmistress had objected. Objections had also been received from the Police, who pointed to gang crime in the area, and feared that the arrival of a new betting office might worsen the problem.
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Major positive resource decision for Social Services Authorities
08.07.2011
Major positive resource decision for Social Services Authorities
Friday, July 08, 2011
The Supreme Court has upheld as lawful a local authority’s decision that on grounds of safety, privacy and substantial cost-saving, it would meet a person’s need for night-time urination by the provision of incontinence products rather than the carer she preferred, even though she was not clinically incontinent.
In R(McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33, the appellant, Ms Elaine McDonald, suffered an incapacitating stroke nearly 12 years ago leaving her with limited mobility as a result of which she suffered a number of falls necessitating hospitalisation. She was also left with a neurogenic bladder which makes her have to urinate two to three times a night.
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Sainsbury's Supermarkets Limited v Brighton and Hove City Council
06.07.2011
Sainsbury's Supermarkets Limited v Brighton and Hove City Council
Wednesday, July 06, 2011
Brighton Magistrates Court have dismissed an appeal by Sainsbury’s Supermarkets Limited against a refusal of a licence for the sale of alcohol in North Street, in Brighton’s cumulative impact area.
Brighton’s licensing policy provides a presumption against further alcohol retailing, and expressly applies to off-licences due to problems of street drinking, proxy purchasing, dispersal issues, preloading and excessive drinking and related disorder.
In order to combat these problems, Sainsbury’s offered to place all alcohol behind the counter and to cease sales at 6 p.m., together with other measures.
However, the Justices did not consider that Sainsbury’s had succeeded in rebutting the presumption against further licences, and stated that the company would be unable to control what happened to the alcohol once it left the store. Although all parties accepted the impeccable credentials of Sainsbury’s as a retailer, the policy specifically excluded the quality of management as a relevant exception.
The Justices ordered Sainsbury’s to pay the Council’s costs.
Brighton & Hove City Council was represented by Philip Kolvin QC
Sainsbury’s was represented by Susanna Fitzgerald QC
Planning Magazine's Guide to Planning Lawyers 2011
01.07.2011
Planning Magazine's Guide to Planning Lawyers 2011
Friday, July 01, 2011
Planning Magazine’s Guide to Planning Lawyers 2011 appears in the latest edition of Planning Magazine.
21 members of our Planning Group are highly rated by the survey which is an improvement on last year’s survey and a tribute to the calibre of our Planning Group. We are delighted that Melissa Murphy is the top rated planning junior under 35.
Top-rated planning silks
- Morag Ellis QC
- Simon Bird QC
- Mark Lowe QC
- Stephen Sauvain QC
- Vincent Fraser QC
- James Findlay QC
- Anthony Porten QC
- Anthony Dinkin QC
Top-rated planning juniors
- Mary Cook
- Richard Ground
- Michael Bedford
- Thomas Cosgrove
- Robin Green
- Paul Shadarevian
- Melissa Murphy
- Jonathan Clay
- Michael Druce
Top-rated planning juniors under 35
- Melissa Murphy
- Clare Parry
- Asitha Ranatunga
- Rob Williams
- Jennifer Oscroft
Click here to read the full report
