Abigail undertakes a broad spectrum of licensing work on behalf of the local authority and the applicant. She has particular expertise in taxi licensing cases, both at first instance and appeal, and is often instructed in HMO, entertainment and liquor licensing cases. She has presented seminars on both topics for local authorities and is regularly instructed in judicial review proceedings in licensing matters.
Taxi Licensing: Abigail has a full understanding of the fit and proper person test within section 59 of the Local Government (Misc Provisions) Act 1976. She regularly directs Courts on the policy application principles of R v Middlesex Crown Court ex parte Westminster City Council (2002) and the relevance of the personal circumstances of the applicant as set out in Leeds City Council v Mehfooz Hussain  EWHC 1145 (Admin). She has represented drivers accused of plying for hire, and dealt with applications under s61 LGMPA 76 both at Licensing Committee and at the Magistrates Court, and indeed Crown Court on appeal.
Premises Licensing: Abigail regularly deals with appeals against the revocation of premises license under s109 of the Police Reform and Social Responsibility Act 2011. She has a full appreciation of all case law relating to the promotion of the Licensing Objectives, the role of a Designated Premises Supervisor, and the principles expounded in R (on the application of Hope and Glory Public House Limited) v City of Westminster magistrates Court (1) and the Lord Mayor and the Citizens of the City of Westminster  EWCA Civ 31 as to the burden of proof in licensing appeals. Abigail has advised a number of local authorities in relation to their licensing policy and the consultation process.
HMO Licensing: Abigail has significant experience representing the proprietors of Houses of Multiple Occupation in relation to both fire safety matters, licensing and management and the identification of “person managing”. Abigail is fully conversant with the Housing Act 2004 and the various Licensing and Management of Houses in Multiple Occupation Regulations.
Kitson v Lancaster BC: Successful licence revocation appeal following successful acquittal of allegations of sexual assault on three passengers.
Johnson v St Helens BC: Respondent to appeal against the revocation of a private hire licence following failure to disclose motoring convictions.
Manchester City Council v Abdulrahman: Appeal against the revocation of a private hire taxi licence following conviction for plying for hire.
Manchester City Council v Akhtar: Appeal against the revocation of a private hire taxi licence following conviction for drug offences.
Manchester City Council v Rehman: Appeal against the revocation of a private hire taxi licence following conviction for perverting the course of justice.
Conway Council v Derereaux, Owen and Nielson: Use of transmission decoder boxes to broadcast sports fixtures without licences.
Lancaster BC v Zohar: Defence of a landlord for offences under s234 of the Housing Act 2004, unreasonably allowing the gas and electric supply to be interrupted. This case was complicated by a dispute over the definition of HMO and legal argument on the same.
Premises – Liquor
St Helens Borough Council v Jeyaram: Represented the local authority. Alcohol licensing following immigration offences. Proceeded to judicial review application by the applicant. Permission refused following written submissions.
St Helens Borough Council v Gallimore: Appeal proceedings against a decision to revoke a pub premises licence due to trading standards offences and a significant increase in violent disturbances at the premises.
Premises – Sex Entertainment
Re the Platinum Lounge: Advice upon the overlap between provisions in a premises licence and a SEV licence.