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Sainsburys Supermarkets Ltd v Sykes (VO) [2017] UKUT (LC) 138

DATE: 12 Apr 2017

Automated teller machines (ATMs) with external customer access situated in retail stores were rateable as hereditaments separate from the store because, although the bank and the store had a mutual interest in providing ATM services and both derived a benefit from the presence of the machines, where the parties had chosen to make the service available to all, and at all times, and had physically separated the ATM from the facilities offered within the store, it was right to treat the primary purpose of the occupation of the site of the machine as being a purpose of the bank, and the bank’s occupation for that purpose was exclusive; but internally accessed ATMs were in the paramount occupation of the store, and not the bank because the service the ATM was primarily offered to shoppers in the store, and was not aimed at attracting passing trade, and the purpose of the bank’s occupation of the site was to provide a service to the store’s customers, which was also the purpose of the store’s occupation of the whole of the premises including the site of the ATM.