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News | Fri 24th Nov, 2017
Helen Pooley was instructed in a premises licencing case that was originally heard by a magistrates court earlier this year. The magistrates’ decision was appealed by way of case stated to the High Court. Mr Justice Stuart-Smith heard the appeal this week.
The case arose out of repeated breaches of a premises licence by a number of sales of alcohol out of licensable hours. The licence was reviewed by the council’s Licencing Sub-committee in 2016 who decided to revoke the Licence. The premises then appealed to the magistrates court – the magistrates’ decision allowed the appeal and reinstated the licence, albeit with some further restrictions on opening hours and sale of alcohol.
The council appealed the magistrates’ decision on the basis that the court had erred in law by failing to apply the correct legal test and had, further or in any event, had erred in the exercise of their discretion. Mr Justice Stuart-Smith addressed a number of questions of law that had been set out in the opinion of the High Court and heard lengthy submissions from both parties. He came to the conclusion that the decision made by the magistrates court had to be set aside.
Helen was instructed and advised throughout the appeal process.