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Bloomsburry Family law

Regulation

R (Bushell) v Newcastle upon Tyne Licensing Justices [2006] UKHL 7

In the circumstances, it was appropriate to determine an appeal against a decision to quash a justices’ licence granted by way of special removal, even though the appellant could no longer take advantage of the licence as a result of the repeal of the Licensing Act 1964, since the appellant’s outstanding claim for damages pursuant to the respondent’s cross-undertaking was dependent on the result of the appeal. Consequently, in determining the appeal, the special removal provisions in s 15 of the the Licensing Act 1964 should not have been construed narrowly by the Court of Appeal, the conditions had been satisfied and the justices had had jurisdiction to grant it.

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