When a licensing application cannot be heard because insufficient information has been supplied relating to the primary use of the premises, the licensing authority must decide whether to grant the licence and deal with any issues through enforcement action or whether to defer granting the licence until the primary use issue can be resolved.

In a case regarding an application for planning permission by a petrol retailer that wished to add the sale of alcohol to its licence, the planning authority adjourned the application to a set date, requesting further information. The retailer declined to comply with the request, claiming that the information already supplied was sufficient for the council to make its decision and demanding that the matter be determined. The council then adjourned the hearing of the application indefinitely.

The petrol retailer demanded a judicial review of the decision, claiming that the council should be forced to decide the matter. The court disagreed, upholding the right of the council to demand the information sought. However, the court did agree that the adjournment should be to a later specified date. If the required information were not produced at that time, the matter could be adjourned again.

For any queries relating to the above article  contact Bernadette Hillman on 01727 735658 (DDI) or e-mail bh@dolegal.co.uk