Enforcement

appeal to magistrates courtA number of different bodies enforce licensing law, depending on the type of licence. This can include the local Council, the Police, the Gambling Commission and Trading Standards officers.  In most areas, there is a protocol in place to show how overlaps are dealt with.

Enforcement powers extend from a verbal warning through to prosecutions and injunctions.  The precise power that will be used will depend on the circumstances and prosecutors are required to have regard to their own enforcement policy and a document known as the ‘Code of Conduct for Crown Prosecutors’.

Just because an offence has been committed does not mean that a prosecution will take place.  There are various matters that have to be taken into account and in particular the ‘public interest’ in taking action.  We have experience of challenging enforcement action where it appears to be unreasonable or oppressive.

For details of different types of enforcement action, please select one of the links on the menu to the right.

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