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R (on the application of J D Wetherspoon pld) v Guildford Borough Council

Language: English Subject(s): Online resources: Summary: [2006] EWHC 815 (Admin), 11 April 2006. R applied to G, under the Licensing Act 2003 s34, to vary its premises licence for a pub in Guildford. It sought to extend its opening hours for an additional three hours a day, from 2300 to 0200. The local police submitted objection, expressing concern that it would lead to a possible increase in crime and disorder. It would also disrupt the staggered closing times in the area, being the only pub with a closing time of 2300. G refused the application as being contrary to their licensing policy under s5 of the Act. R brought judicial proceedings to challenge the refusal of its application, contending that that the cumulative impact policy, with its focus upon new licences and material variations, could not apply to an application that sought to increase permitted hours of an activity authorised under an existing license. "Held" : claim dismissed. W's application to extend the terminal hours by three hours a day at its drink-led public house was directly relevant to the special cumulative impact policy and, thus, was a material variation of the licence. It was concluded that its cumulative impact policy applied to W's application.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 133287-1001

[2006] EWHC 815 (Admin), 11 April 2006. R applied to G, under the Licensing Act 2003 s34, to vary its premises licence for a pub in Guildford. It sought to extend its opening hours for an additional three hours a day, from 2300 to 0200. The local police submitted objection, expressing concern that it would lead to a possible increase in crime and disorder. It would also disrupt the staggered closing times in the area, being the only pub with a closing time of 2300. G refused the application as being contrary to their licensing policy under s5 of the Act. R brought judicial proceedings to challenge the refusal of its application, contending that that the cumulative impact policy, with its focus upon new licences and material variations, could not apply to an application that sought to increase permitted hours of an activity authorised under an existing license. "Held" : claim dismissed. W's application to extend the terminal hours by three hours a day at its drink-led public house was directly relevant to the special cumulative impact policy and, thus, was a material variation of the licence. It was concluded that its cumulative impact policy applied to W's application.