What does Licence mean? A licence is permission, granted by contract or law, to do something that would otherwise be unlawful, without creating a proprietary interest. In practice, lawyers most often see: licences over land (a personal, usually non‑assignable permission—often a contractual licence—to occupy or use property, distinguished in case law from a lease and generally revocable subject to contract and proprietary estoppel); intellectual property licences (permission to use copyright, trade marks or patents on agreed terms); and regulatory licences. Regulatory use varies across the UK and Ireland. In England and Wales, the Legal Services Act 2007 requires an Alternative Business Structure (ABS) to hold...
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When advising the purchaser of a hotel, there are a range of potential licensing matters connected to food, drink and entertainment that may arise, which will depend on the activities undertaken at the property. These can include:
It will be necessary to assess whether the trading activities of the target hotel require licences and, if so, whether those licences can be transferred to the buyer. This Practice Note addresses licences under the Licensing Act 2003 (LA 2003), Live Music Act 2012 (LMA 2012), Gambling Act 2005 (GA 2005), Marriage Act 1949, Civil Partnership Act 2004, Highways Act 1980 (HiA 1980) and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976)...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...