Ye Olde Cheshire Cheese Ltd v Daily Telegraph plc and others
Language: English Series: Weekly Law Reports ; (1988) WLR 1173-1180(8)Publication details: 1988Subject(s): Summary: ChD 4 May 1988 An originating summons brought by the tenant Ye Olde Cheshire Cheese (C) against the landlords Daily Telegraph and others (D) under Landlord and Tenant Act 1954 claiming a new tenancy of two cellars beneath premises adjoining C. The issue was whether the cellars were protected as business premises under Part II of the 1954 Act or whether they were excluded by section 43 by reason of being licensed premises . ChD held that the two cellars were included in a tenancy of part of the premises which were licensed since they were part of the Cheshire Cheese licence. The Cheshire Cheese was structurally adapted as a restaurant . It was conceded that a substantial proportion of business was attributable to non-alcoholic sales. Accordingly, the cellars were protected by the Landlord and Tenant Act 1954 Part II .| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39991 (Browse shelf(Opens below)) | 1 | Available | 20488-1001 |
ChD 4 May 1988 An originating summons brought by the tenant Ye Olde Cheshire Cheese (C) against the landlords Daily Telegraph and others (D) under Landlord and Tenant Act 1954 claiming a new tenancy of two cellars beneath premises adjoining C. The issue was whether the cellars were protected as business premises under Part II of the 1954 Act or whether they were excluded by section 43 by reason of being licensed premises . ChD held that the two cellars were included in a tenancy of part of the premises which were licensed since they were part of the Cheshire Cheese licence. The Cheshire Cheese was structurally adapted as a restaurant . It was conceded that a substantial proportion of business was attributable to non-alcoholic sales. Accordingly, the cellars were protected by the Landlord and Tenant Act 1954 Part II .