Daniel Thwaites plc v Wirral Borough Magistrates' Court (2008)
T had applied to the licensing authority to vary its existing licence so as to allow it to conduct business at the premises for longer hours. On an appeal, the magistrates' court imposed conditions on the licence restricting the hotel's hours of operation because of concern that extended hours would mean that people in the surrounding area would migrate to the premises operated by T, which would lead to public nuisance and crime and disorder. The High Court quashed the decision of the magistrates' court.
The decision to impose restrictions on the hours of operation of licensed premises was unlawful as the magistrates had proceeded without proper evidence and had given their own views excessive weight. Therefore it had not been established that the restrictions were necessary to promote the licensing objectives as set out in the Licensing Act 2003 section 4(2).