R (Daniel Thwaites plc) v Wirral Magistrates' Court

[2008] EWHC 838 (Admin)

Ratio Decidendi

Licensing decisions must be based on evidence relating to the licensing objectives. Personal prejudice against alcohol or a general desire to reduce the number of premises is not a legitimate basis for refusal.

Ffeithiau

A brewery applied for a premises licence. Local residents objected on general grounds about alcohol consumption. The magistrates refused the application.

Crynodeb o'r dyfarniad

The High Court quashed the refusal. Licensing decisions must be evidence-based and relate to the four licensing objectives, not moral or ideological opposition to alcohol.

Dyfyniadau allweddol

"Licensing decisions must be based on evidence, not on a general objection to the sale of alcohol."
— Bentley J

Triniaeth ddilynol

Applied

Regularly cited in licensing appeal cases.