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.

Hechos

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

Resumen de la sentencia

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.

Citas clave

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

Tratamiento posterior

Applied

Regularly cited in licensing appeal cases.