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CORPORATION OF THE HALL OF ARTS & SCIENCES (APPELLANT) v ALBERT COURT RESIDENTS' ASSOCIATION & ORS (RESPONDENTS) & WESTMINSTER CITY COUNCIL (ADDITIONAL PARTY)

Where an application for a premises licence was made pursuant to the Licensing Act 2003 s.34, and "relevant representations" within the meaning of s.35(5 ) were not received by the due date, the applicant had a public law right to the grant of the application, even where the licensing authority had failed to carry out a proper notification process. The only remedy available to those who had not been properly consulted was to apply for a reconsideration of the licence under s.51.

18 April 2011

The appellants (Y and W) appealed against the quashing ((2010) EWHC 393 (Admin)) of a decision to vary a premises licence. Y was the licence owner and W was the licensing authority. The respondents (X) were residents living very close to Y's premises. W had sent circulars to local inhabitants inviting representations on Y's application for variation. It had excluded X, who nevertheless submitted representations, but late. W refused to consider them and granted the variation. In judicial review proceedings brought by X, the judge's reason for quashing the variation was that although W's refusal to consider late representations was lawful, the variation was unlawful because it had failed to fulfil X's legitimate expectation that they would be notified of Y's application. Y submitted that the judge had been wrong to find that X had a legitimate expectation of being notified. W submitted that its failure to satisfy any such legitimate expectation could not affect its duty to grant the v...

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