R (Hope and Glory Public House Ltd) v City of Westminster Magistrates' Court

[2011] EWCA Civ 31

Ratio Decidendi

On appeal from a licensing committee's decision, the magistrates should give appropriate weight to the decision of the committee as the specialist body, while conducting a rehearing.

Hechos

A public house's licence was revoked by the licensing committee following complaints about noise. The licensee appealed to the magistrates' court.

Resumen de la sentencia

The Court of Appeal held that magistrates conducting a licensing appeal should give appropriate weight to the committee's decision as the primary decision-maker, while still conducting a full rehearing.

Citas clave

"The licensing committee is the primary decision-maker and its decision should be given appropriate weight."
— Toulson LJ

Tratamiento posterior

Applied

Followed in subsequent licensing appeal cases.