Alcohol & Entertainment

In the world of licensing lawyers Jeremy occupies a unique position, having headed the leading national licensing practice as a solicitor/partner in an international law firm before transferring to the Bar, where he has achieved even greater distinction as Queen's Counsel.

As Editor in Chief of Paterson's Licensing Acts (the only acknowledged work of reference in the field since 1872) and an Honorary Fellow of the Institute of Licensing, he has been recognised as a leader in this field for over three decades.

In the course of practice Jeremy has achieved recognition representing many of the leading supermarkets, pub companies, nightclubs, restaurants and hotel groups throughout the UK and overseas. His unique industry knowledge and understanding has also proved invaluable when representing police and licensing authorities contesting applications or pursuing licence reviews.

Decisions

Many of these challenges in which Jeremy has been involved have been test cases, determining important legal issues with national application. Examples include:

• Drury and Samuel Smith Old Brewery (Tadcaster) Limited v Scunthorpe Licensing Justices – circumstances under which a Justices' licence might be surrendered. [TC]
• Gough v Avon and Somerset Police Licensing Bureau – whether opening public house early to show World Cup football matches constituted a 'special event' for the purposes of the Licensing Act, so enabling all such premises to open nationally. [TC]
• R (on the application of the British Beer and Pub Association and Others) v Canterbury City Council – clarified the extent of a licensing authority's power in relation to its published Statement of Policy. [TC]
• Crawley BC v Attenborough – entitlement of Justices to order licensing authority to pay costs on appeal – requirement for conditions imposed to be intelligible to parties and those not involved in the proceedings.
• Little France Ltd v Ealing London Borough Council  – frequently cited authority in the extent of reasons required on licensing appeals.
• R (Thompson and Spearmint Rhino Ventures (UK) Limited) v Oxford City Council – extent to which licensing authority able to refuse renewal of an SEV without distinguishing from previous grant in (virtually) identical circumstances.
• R (Lalli) -v- Metropolitan Police Commissioner and Newham Borough Council  – Whether on summary review premises associated with serious crime on the basis of a single violent incident. [TC]

Legal guides

"He is authoritative and knowledgeable." "Jeremy's attention to detail and thoroughness are second to none."

Chambers and Partners

'A master tactician who is practical and organised, and gets in the trenches with the client'

Legal 500

"He has a unique knowledge of licensing legislation which enables him to provide assistance on a wide range of licensing and gambling issues." "His in-depth analysis and consideration of the case are invaluable. He is also very responsive to time pressures." "He has long been committed to this area of practice, and is someone who is both a pleasure to be against and fabulously impressive."

Chambers and Partners

"Stands out."

Legal 500

" … Jeremy is one [of a number of fine advocates in licensing] prepared to drop everything, stay over, devise a strategy overnight [and] help instruct a local expert.."

Head of national licensing practice

Case Studies & Testimonials

Resisting licensing appeal  – upholding decision to revoke

Stratford-upon-Avon District Council had revoked the premises licences of two late night venues in the historic town centre. Jeremy advised on the merits of appeals lodged by the venues, recommending that the appeal of the licensee for the more serious of the cases be resisted. He identified both the avenues of appeal likely to be adopted by the appellant, and the evidence that should be advanced in rebuttal. At the hearing, he secured key admissions from the licensee. The case was dismissed, the revocation remained and the council awarded its costs in full.

"Stratford-on-Avon District Council's Licensing Panel took the decision to revoke the premises licence of Bamboodle in Stratford-upon-Avon for the continued failure by the management of the premises to promote the licensing objectives of the prevention of public nuisance, the prevention of crime and disorder and public safety. Bamboodle appealed that decision.

Jeremy advised the Council throughout and represented us at a 3-day hearing in the Magistrates' Court. The Court agreed with the Council's decision and the appeal was dismissed. We were awarded our costs in full. Officers and councillors were very pleased with the outcome of this high profile case and Jeremy's hard work on the Council's behalf over a number of months."

Ross Chambers, Solicitor – Legal Services Manager and Deputy Monitoring Officer

Summary review for single incident – leading authority

One of the many leading decisions under the Licensing Act 2003 in which Jeremy has been involved. The William the Conqueror had been a trouble-free premises. On a night in 2014 a customer became unruly and as he was being forcibly ejected from the premises, sustained injuries which required medical attention. The police applied for summary review of the licence, claiming that the emergency services had not been called. On appeal it was demonstrated that this was wrong and the licence was reinstated. The issue for the Administrative Court was whether a premises could be said to be 'associated' with serious crime on the basis of a single incident? The High Court found that it could. Permission was subsequently granted by the Court of Appeal to challenge that decision, but not pursued. 

Defeating hard-fought appeal of 'lap-dancing' club

Instructed by a central London authority to resist an appeal brought against its decision to severely restrict activities within a long-established table–dancing venue. Long history of appeals and challenges by the club, its latest being upheld by the local magistrates' court.

Jeremy brought a cross-appeal to the Crown Court, advising on numerous aspects of law and evidence, including a spurious GDPR challenge by the club. Following a heavily contested appeal, the Crown Court upheld the LA's entitlement to outlaw specific practices and arrangements within such high-risk venues.

"Jeremy is a very experienced licensing Counsel who I have worked with for a number of years. He is passionate, pays great care and attention to detail and always gets to the heart of issues to understand his client's needs and provide practical solutions.

He is always patient and willing to go the extra mile.

His efforts make a real difference."

Licensing lawyer, LB of Camden

"An expert in his field with excellent knowledge of the licensing sector. He's always bang up to date." "Excellent at giving advice and propounding legal argument. He's always quick to respond and willing to go the extra mile."

Chambers and Partners

"Jeremy is very incisive and excellent at spotting flaws and weaknesses in the opposition's case and developing a strategy around this best suited to the client's business objectives."

Legal 500