Hall & Woodhouse Ltd v Borough and County of the Town of Poole [2009] EWHC 1587 (Admin), [2009] All ER (D) 226 (Jul)
Section 136(1)(a) of the Licensing Act 2003 was directed at persons who, as a matter of fact, actually carried on or attempted to carry on a licensable activity on or from premises. Though the section was not directed at premises licence holders as such, it would be a question of fact in each and every case as to whether or not a person or body in such position was in breach.
The holder of a premises licence could not be made automatically liable under the section by virtue of the fact that that person or body held a premises licence. The fact that a premises licence holder had an arrangement whereby a third party operated its premises did not alter the position either. Section 136(1)(a) was not a section that established some form of criminal vicarious liability or imputation of criminal conduct: a premises licence holder was not liable under the section as a matter of criminal law for the acts of third parties.
