JG&Partners, Latest Licensing News

By | March 1, 2018

JG & Partners

Latest Licensing News

Revocation of Personal Licence/Immigration

Posted: 28 Feb 2018 06:00 AM PST

Slough Borough Council Licensing Su- Committee revoked a Personal Licence flowing from the Review of a Premises Licence heard before Hillingdon Borough Council. In June 2017 a multi-agency operation took place with the Metropolitan Police, HMRC and Immigration Officers under Section 179 Licensing Act 2003 whereby officers established that Mr. Talwar had employed an Indian national who was an illegal over stayer in the UK.  By virtue of this Mr Talwar committed an offence under the Immigration Act 1971 as he had failed to undertake the necessary checks to ensure his staff were eligible to work in the UK.

Mr Talwar was served with a Civil Penalty Notice and although this was discharged, Reviews were undertaken on both premises owned and run by Mr. Talwar which resulted in the licences being revoked by Hillingdon Borough Council. However, Slough Borough Council had issued his Personal Licence and by a separate application that was revoked by Slough Borough Council’s Licensing Sub-Committee. This is evidence of partnership working by the Enforcement Agencies and within the London Boroughs.

Taxi – Knowsley Policy Quashed

On 7th February the High Court quashed Knowsley Metropolitan Borough Council’s Policy for private hire drivers.  The Council had experienced an increased number of applications for drivers from outside its geographical area and in March 2017 adopted a policy which it stated was designed to address this trend.

The Council required drivers to sign a declaration that they intended to drive predominantly within the Knowsley area and if this was found not to be the case then they were at risk of revocation of their Licence or non-renewal. The Policy was opposed by Uber and Delta Cars who are based in Merseyside.

Both Taxi companies argued in favour of the driver’s right to roam and they were not confined to the local area whereas the Council argued that a driver who failed to show a commitment to Knowsley and the concept of local licensing could be deemed unfit.

Mr Justic Kerr accepted the arguments raised by the Taxi operators and quashed the element of the new Policy.

Philip Kolvin Q.C acting for Uber after the case stated “whilst this was not a difficult case, it was an important one.  It underlines that policies are there to guide the exercise of the statutory discretion. They cannot create a discretion which the Authority does not have.  That lesson applies not only to licensing but across all fields of public law”.

Gambling – Changes to Advertising Rules

The Committees of Advertising Practice (CAP) earlier this month published new tightened standards concerning gambling advertising which will come into force on 2nd April 2018.  These standards will be enforced by the Advertising Standards Authority (ASA), will focus on adverts appealing to problem gamblers and on free bets and bonuses.  The revisions include:

  • Restrictions on  ads that create an inappropriate sense of urgency like those including “Bet Now!” offers during live events,
  • Which curb trivialisation of gambling (e.g. encouraging repetitive play),
  • prevent advert which provide an irresponsible perception of the risk or control (eg “Risk Free Deposit Bonus”),
  • provide greater detail on problem gambling behaviours and associated behaviours indicators that should not be portrayed, even indirectly,
  • prevent undue emphasis on money-motives for gambling, and
  • provide more detail on vulnerable groups like problem gamblers that marketers need to work to protect.

The full text of the new standards and explanatory notes can be found here.

Gambling – William Hill to pay £6.2m penalty

Posted: 23 Feb 2018 03:00 AM PST

It is being reported that following earlier examples such as BetFred and Paddy Power, William Hill Group have been made subject to a penalty package of at least £6.2m (second largest fine issued by the Gambling Commission) following an investigation by the Commission into potential money laundering. The investigation uncovered systemic failings and evidence of 10 customers laundering mon…

Gambling – Competition and Markets Authority Investigation Update

Posted: 23 Feb 2018 02:00 AM PST

Following their long running investigation (launched in October 2016) regarding online gambling terms and conditions the Competition and Markets Authority (CMA) have announced that undertakings have been received from 3 of the largest online operators in the UK, Ladbrokes, William Hill, and PT Entertainment. The firms have agreed to be more upfront and clear about their promotional terms…

Cumulative Impact Policy Findings – Sheffield

Posted: 22 Feb 2018 02:00 AM PST

Following a public consultation on the possible adoption of a Cumulative Impact Policy in central Sheffield, particularly covering the areas of West Street and Devonshire Green, the consultation findings have been released. Interestingly, the consultation was coordinated by the Office of The Director of Public Health within Sheffield rather than South Yorkshire Police. The consulta…

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