Allowing smoking means Authority can revoke premises licence

August 2009

Live event industry

A local authority is entitled to revoke a premises licence where the licensee has been convicted of not preventing smoking and has stated that he intends to continue not to prevent smoking. As a crime has been committed and further crime may be committed the Authority may use the preventing crime from the ‘preventing crime and disorder’ licensing objective to justify the revocation. ‘Crime and disorder’ is a disjunctive and the Authority need not prove that disorder was occurring as well as the crime of permitting smoking. R (Blackpool Council) v Howitt  173 JPR 101.

No Comments

Comments are closed.