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R. (on the application of Blackpool Council) v Howitt [2008] EWHC 3300 (Admin); (2009) 173 J.P. 101

DATE: 01 Jan 2009

The Court was required to consider whether a breach of the smoking ban imposed as a result of s.8 of the Health Act 2006 amounted to a matter that would be relevant when considering the licensing objectives set out under the Licensing Act 2003 s.4(2)(a) and in particular the meaning of the words of “crime and disorder”. The judge below held that the words “crime” and “disorder” were to be read conjunctively, so that the word “disorder” qualified the word “crime”. Accordingly she held that it was irrelevant. The High Court however upheld the Secretary of State's submission that the word "and" in this context should be read to mean "or". It was accordingly relevant and the appeal allowed.