Licensing Barrister Success in Dismissed "Stack" Appeal
Head of Trinity Chambers' Licensing barristers, Charles Holland, successfully represented the Second Respondents, Danieli Holdings Limited, in dismissing the appeal of a trade objector against the grant of a premises licence to Stack, a “pop up” shopping mall with food-led and wet-led provision and events space in Newcastle.
In a reserved judgement, District Judge Kate Meek sitting at Newcastle Magistrates’ Court dismissed the appeal brought by Endless Stretch Limited, the landlord of Harry's Bar. The judgement will be of particular interest to licensing practitioners given the range of issues the Judge was asked to deal with, including:
- the duties on an expert witness found in the “Cresswell Principles” (The Ikarian Reefer) and Kennedy v. Cordia (Services) LLP (see section G.2 at pages 13-28), including the requirements of independence and impartiality, competence as an expert, choice of methodology and other duties to the Court;
- the information available to licensing committees (see section H.1 at pages 38-46) where there is attendance from of responsible authorities;
- application plans, licensing conditions and their amendment during the application process, applying the principles of Taylor v. Manchester City Council (see section H.2 at pages 46-64);
- the correct approach on appeal to alleged defects in procedure below, applying R (East Herts DC) v. North and East Herts Magistrates’ Court and Townlink (see paragraphs I.3 and I.18 at pages 113 and 116);
- whether matters had been improperly delegated by the licensing sub-committee to council officers (see H.13 at pages 64-65);
- cumulative impact policies (see H.5 at pages 72-77) and the relevance of style of operation (H.6 at pages 77-81), capacity and churn (H.7 at pages 81-89), previous operations on site (H.8 at pages 89-92) and elsewhere (H.9 at pages 92-99), clientele (H.10 at pages 99-100), location (H.11 at 100-101) and the experience of the operator (H.12 at pages 101-102) on likely cumulative impact (H.13 at pages 102-107);
- the burden of proof on an appellant where a cumulative impact policy places a rebuttable presumption on the applicant below (see paragraphs E.6-7 at pages 10-11);
- whether a trade objection motivated by financial concern and prosecuted in a particular fashion can properly be described as frivolous and vexatious (see H.14 at pages 107-111) or in breach of the prohibitions found in the Provision of Services Regulations 2009 (see H.14 at 111-112).
Charles was instructed by Sarah Smith of Sintons Solicitors LLP.
Charles Holland was recently appointed as a Consulting Editor of leading industry publication, Paterson’s Licensing Acts 2018 and is regularly recognised in the leading legal directories for his licensing expertise:
"An extremely effective advocate. Very practical and straight to the point." "He's very clever and won't leave a stone unturned." Licensing, Chambers UK 2018."He has an encyclopaedic knowledge of all aspects of Licensing law" Licensing, Legal 500 2017.