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21 SEP 2011

R (Albert Court Residents' Association) v Westminster City Council [2011] EWCA Civ 430, [2011] JPLO (Sept)

Licensing – legitimate expectations – statutory schemes

13 April 2011
Court of Appeal (Civil Division)
Stanley Burton LJ; Lloyd LJ; Wilson LJ

Where a statutory scheme imposes certain duties, a court cannot frustrate the statutory scheme by upholding a legitimate expectation.
On appeal from
R (Albert Court Residents’ Association) v Westminster City Council [2010] EWHC 393 (Admin) (McCombe J)
(1) The Corporation of Arts and Sciences (CAS) and Westminster City Council appealed (WCC) against the quashing order granted by McCombe J against a decision to vary CAS’s premises licence. The respondent residents association (ACRA) had not been notified of the proposed change by WCC. Although they managed to submit representations they were outside the statutory period. WCC refused to consider the representations. ACRA were granted relief at first instance because ACRA’s legitimate expectation to be notified had been frustrated. CAS appealed on the ground that ACRA had no legitimate expectation to be notified; WCC appealed on the ground that even if ACRA had legitimate expectation, this could not frustrate its statutory duty to grant the variation.

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