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R (on the application of JD Wetherspoon) v Guildford Borough Council [2006] EWHC 815 (Admin)

A local licensing authority had been entitled to conclude that the claimant's proposed variation to its licensing hours was directly relevant to the local cumulative impact policy, that a material variation to the licence had been sought, and that it had not been demonstrated that the extended hours would not add to the cumulative impact on crime and disorder in the area.

28 April 2006

The claimant public house owner (W) challenged a decision of the defendant local licensing authority (G) not to grant an application for variation of the permitted hours of W's licensed premises. W had applied under the Licensing Act 2003 for a conversion and variation of its existing licence, seeking, in particular, an extension of the permitted hours from 11pm to 2am each day. The local police objected to a variation, and the local authority decided not to grant it in the light of its statement of licensing policy, which included special provision relating to cumulative impact, and which stated that it included the special provision as provided for under the guidance issued by the secretary of state. G decided that W had not demonstrated that the extended hours would not add to the cumulative impact on crime and disorder in the area. W argued that an increase in hours could not in itself be regarded as increasing the cumulative impact of the licensed premises in an area with a par...

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