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Philip Kolvin

Rory Clarke

Called
1996
Telephone
020 7242 4986
CV
Email

Rory Clarke specialises in Planning and Compensation, Housing, Licensing, Administrative, Regulatory and Employment Law.

His wide experience of acting for and against local authorities gives him a sound understanding of their operation.

Rory Clarke specialises in Planning and Compensation, Housing, Licensing, Administrative, Regulatory and Employment Law.

His wide experience of acting for and against local authorities gives him a sound understanding of their operation. A thorough knowledge of European Community law and the Human Rights Act informs all his work. He studied Law at St. John's College Cambridge and spent 3 months working in Australia in 2000 on a Pegasus Scholarship.

"He is very approachable, helpful and capable. He is good in court and very easy to work with." Chambers & Partners 2017

"He views things very sensibly and, rather than being unnecessarily aggressive, is always looking for a solution."- Chambers & Partners 2016

"He is extremely knowledgeable, clever, down-to-earth and a pleasure to work with. Clients feel very comfortable working with him." - Chambers & Partners 2016

Overview

Rory has extensive experience in all aspects of the Licensing Act 2003 having been involved in training officers for over 100 local authorities prior to its implementation. He deals with all licensable activities and all types of premises including pubs, night clubs, takeaways, casinos, sports venues, festivals and other temporary events venues.

His licensing work includes the following:

  • He has presented numerous applications to licensing authorities on behalf of licensees for new licences and variations, as well as advising and appearing on behalf of responsible authorities and local residents in making representations.
  • He gives advice and provides representation for reviews for licensing authorities, the police, fire authorities as well as local residents and licensees.
  • He has appeared as advocate in many appeals to the magistrates' court against decisions of licensing authorities for extensions of hours and other variations and appeals from review decisions.
  • He has experience of the summary review procedure introduced in October 2007.
  • He acts as legal adviser to the sub-committees of licensing authorities deciding on applications and reviews.
  • He represented the City of London Police on its first application for permanent closure of licensed premises.
  • He advised the London Government Association on the implications of the Licensing Act 2003 for embedded restrictions on conversion of old licences. This written advice was circulated to every licensing authority in England.

He is a contributor to Licensed Premises: Law & Practice (Tottel, 2005) and to Gambling for Local Authorities: Licensing, Planning and Regeneration (Institute of Licensing, 2007).

His other work includes other forms of licensing including taxi licensing; also town and country planning, local government and regulatory crime. He has experience of prosecuting and defending criminal proceedings in the magistrates' court and the Crown Court. His prosecution experience includes all forms of work in the field of regulatory law, principally concerning prosecution by a local authority or regulatory body. This includes Health and Safety prosecutions, Environmental pollution, Housing Benefit, and Trading Standards.

Cases

Step Changes Proposed to Summary Reviews
24.02.2016

Rory Clarke and Josef Cannon consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.

....

Breach of Procedure not fatal to prosecution
13.11.2013
The Divisional Court has allowed the Council's appeal in the case of Aylesbury Vale District Council v Call a Cab Limited. It ruled that a single breach of a procedural....

News

Taxis, minicabs and mobile apps: Law Commission publishes controversial proposals for reform of taxi and private hire regulation
27.05.2014
The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....

Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
01.03.2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....

Overview

Rory is instructed to represent and advise local authorities, developers and residents groups. Representation at inquiries and hearings and local plan / LDF work. Challenges to decisions in the High Court on appeal and judicial review. Particular experience of appeals concerning proposals in the Green Belt and housing, including affordable housing.

Experience of all aspects of enforcement including enforcement notices and appeals, prosecution, injunctions and direct action. Particular experience of dealing with unauthorised encampments, gypsies and Human Rights claims.

Advice and representation in Compulsory Purchase procedure and the valuation of claims, including the exercise of powers under the Housing Act and the Town and Country Planning Act 1990.

Cases

Court orders change of Direction for Mayor
25.03.2008
Mark Lowe QC with Rory Clarke appeared for the London Borough of Enfield against Geoffrey Stephenson for the Mayor in an important Court of Appeal decision on the principle of....

Overview

Rory has experience in all facets of disputes in the field of housing law. Experience of acting for and against local authorities, housing associations, other Registered Social Landlords, and private landlords. Particular areas of work covered include the following:

  • Homelessness: challenges to Review decisions in the County Court and on Judicial Review; decisions on priority need, intentionality, interim accommodation
  • Claims for possession: neighbour nuisance, ASBOs in the Magistrates' Court and County Court; injunctions under the Housing Act and other jurisdictions
  • Administration of housing benefit; appeals and Judicial Review; prosecutions for fraudulent claims
  • Statutory Nuisance and proceedings under the Environmental Protection Act 1990
  • Disrepair: bringing and defending claims for damages, injunctions and criminal proceedings
  • Questions of Eligibility: European Treaty rights and Human Rights based challenges
  • Boundary disputes and adverse possession

Seminar (June 2005) : Assistance to the Destitute: Providing Support under Schedule 3 to the Nationality Immigration and Asylum Act 2002.

Cases

A date or two for possession
26.02.2013
Landlords sometimes fall foul of the Byzantine language of s21 of the Housing Act 1988 when drafting notices requiring possession.  In some recent cases Jon Holbrook and Rory Clarke persuaded....

News

Cornerstone Housing Day 2015 - Presentations
03.03.2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Overview

    Rory has expertise in the provision of advice and representation bringing and defending challenges to the exercise of powers by local authorities, principally by Judicial Review, but also other avenues including the local government ombudsman.

    Local Authority Powers: Advisory work in this area includes advising local authorities on their powers under the Local Government Act 1972 and the Local Government Act 2000. Dealing with the scope of the "wellbeing" powers under s.2 of LGA 2000. The duties under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000. The powers to trade and charge for services under the Local Government Act 2003.

    Behaviour of Members: Advising and training of members on the Model Code of Conduct and appropriate behaviour; dealing with members of the public and conduct of meetings and hearings.

    Elections: High Court challenges to local government elections.

    Cases

    Breach of Procedure not fatal to prosecution
    13.11.2013
    The Divisional Court has allowed the Council's appeal in the case of Aylesbury Vale District Council v Call a Cab Limited. It ruled that a single breach of a procedural....

    News

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Overview

    Rory's experience covers:

    • Prosecutions: all forms of work in the field of regulatory law, principally concerning prosecution by a local authority or regulatory body. This includes Health and Safety prosecutions, Environmental pollution, Housing Benefit, and Trading Standards.
    • Statutory Nuisance: appeals and prosecution for all forms of statutory nuisance; dealing with noise nuisance from a shooting range to the lack of washbasin facilities within residential property. Liability of owners and local authority in default. Costs issues including contingent fee liabilities.
    • Unlicensed Street Trading: prosecution and appeals; dealing with persistent offenders; confiscation of goods sold and trading equipment.
    • Taxi Licensing: appeals against the refusal of a hackney carriage licence on the grounds of lack of demand; advising on demand surveys and deregulation; catering for Disability Discrimination Act duties. Prosecutions for breach of licence conditions.

    Politics, policing and licensing: Police and Crime Commissioners

    26th August 2014

    The introduction of Police and Crime Commissioners ("PCCs") on 22 November 2012 is the most significant change to policing in 50 years. Elections were met in the main with indifference and low turnout from the voting public. This has not, however, diminished the powers of the successful candidates. In this article, Philip Kolvin QC and Rory Clarke shall consider the power and, as importantly, the influence and political drivers, of PCCs, and offer views as to the impact they may have on licensing regulation.

    Click here for full article.

    Gambling for Local Authorities: Licensing, Planning and Regeneration

    23rd August 2007

    In partnership with the Institute of Licensing, Cornerstone Barristers has produced a new publication: Gambling for Local Authorities: Licensing, Planning and Regeneration (General Editor: Philip Kolvin).

    The book is designed to abbreviate and simplify the new law of gambling. It is intended for easy reading by both officers and members involved in licensing and allied fields such as planning and regeneration. It is the only book which will draw the important links between planning and licensing and which involves experts from across all the relevant disciplines. Writers include Philip Kolvin QC, Mark Lowe QC, Rory Clarke, Michael Bedford, Josef Cannon and Clare Parry.

    Other writers include Institute Vice Chair Professor Colin Manchester (Professor of Licensing Law, University of Warwick), Professor Peter Collins (a leading expert in gambling and regeneration), planning expert Andy Arrick of Roger Tym & Partners, Jeremy Phillips (who edits Patersons) and William Hill Chief Executive David Harding. We are hoping that it will become a standard reference work in its field.

    We do hope that you will take advantage of this offer before it ends. Further information on the book is set out below, together with an order form.

    Click here for further details.

    Reviews include:

    "An excellent account of the framework of the new Act", and "strongly recommended". Roy Light, a professor of law UWE and a barrister at St John's Chambers, Bristol, writing in Solicitor's Journal

    "A testimony to the changed landscape and the lifting of local authority regulation to a higher plane. Wearing the badge of the Institute of Licensing, as it does, this volume is as much an advertisement for the new order as it is a valuable contribution to modern gambling knowledge." The Licensing Review [70], July 2007

    "In this timely and extremely important new book, Philip Kolvin and his team cut through this enormous piece of legislation with a light narrative style, incisive comments and useful practical applications. The book is suitable for anyone with any involvement with the new legislation, whether they are from the licensing authority, planning authority, gambling industry or responsible authorities or interested parties. Technical matters are clearly explained, the practical aspects of application and challenge are clarified and the use of the various licences and permissions is detailed and comprehensible. For a book to succeed, it must be both useful and accessible, and "Gambling for local authorities: licensing, planning and regeneration" seems set to succeed on both levels. It is highly recommended." James Button, PH Law

    "Kolvin's book provides answers for the many challenges facing local authorities under the new legislation. It is a good advert for the legal profession." Dr. Mark Griffiths, Professor of Gambling Studies, Nottingham Trent University

    • Administrative Law Bar Association
    • Planning and Environmental Bar Association
    • Environmental Law Association

    News

    Cornerstone Housing Day 2015 - Presentations

    3rd March 2016

    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.
  • Key developments in Housing....

  • Case

    Step Changes Proposed to Summary Reviews

    24th February 2016

    Rory Clarke and Josef Cannon consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.

    ....

    News

    Join Cornerstone Barristers at the 'Now and Next' IoL Licensing Events

    29th January 2015

    The Institute of Licensing (IoL) in conjunction with Cornerstone Barristers present 'Now & Next' from 16th to 19th March aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee.

    ....

    Case

    Call a Cab Ltd: Adoption of taxi controls finally upheld

    29th July 2014

    The prosecution of Call a Cab Limited for operating a private hire vehicle without a licence has resulted in its conviction on return to the magistrates' court. The case attracted widespread interest in licensing circles when it was thrown out in March 2013 because the district judge said that the prosecutor, Aylesbury Vale District Council, had not followed correct procedure 30 years ago when adopting the legislation regulating private hire vehicles (the Local Government Miscellaneous Provisions Act 1976 Part 2). This prompted the Local Government Association to write to all councils warning them of the risk that their own adoption may be found unsound.

    ....

    News

    Taxis, minicabs and mobile apps: Law Commission publishes controversial proposals for reform of taxi and private hire regulation

    27th May 2014

    The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....

    Case

    Breach of Procedure not fatal to prosecution

    13th November 2013

    The Divisional Court has allowed the Council's appeal in the case of Aylesbury Vale District Council v Call a Cab Limited. It ruled that a single breach of a procedural....

    Case

    "Copper's Nose" gets double punch from Cornerstone Barristers

    24th September 2013

    Ipswich police faced an uphill task when they appealed the decision of Ipswich Borough Council to allow an extension of hours to the premises licence of one of the town's principal night time venues, Revolution.

    ....

    News

    Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel

    1st March 2013

    Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....

    News

    Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel

    1st March 2013

    Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters.

    ....

    Case

    A date or two for possession

    26th February 2013

    Landlords sometimes fall foul of the Byzantine language of s21 of the Housing Act 1988 when drafting notices requiring possession.  In some recent cases Jon Holbrook and Rory Clarke persuaded....

    Case

    The Plastic Revolution

    14th March 2012

    Nottingham City Council successfully defended an appeal of its Licensing Sub-Committee review of the premises licence for Revolution Vodka Bar in Nottingham, the review having been brought by Nottinghamshire Police as a result of a number of injuries caused by bottles and glasses on the premises.

    ....

    Case

    Court orders change of Direction for Mayor

    25th March 2008

    Mark Lowe QC with Rory Clarke appeared for the London Borough of Enfield against Geoffrey Stephenson for the Mayor in an important Court of Appeal decision on the principle of....

    News

    Gambling for Local Authorities: Licensing, Planning and Regeneration: new book

    23rd August 2007

    We are pleased to announce that we have worked with the Institute of Licensing in a new publication: Gambling for Local Authorities: Licensing, Planning and Regeneration (General Editor: Philip Kolvin). The book has now been published, prior to the start of the premises licensing transitional process of the Gambling Act 2005.

    ....

    Case

    Palacegate Properties Ltd v London Borough Of Camden [2000] EWHC Admin 372

    1st January 2000

    Planning and Compensation - Divisional Court decided it was not open to a defendant to seek to defend criminal proceedings by mounting a collateral challenge to the validity of the enforcement notice on which they were based.

    ....