Gurgur v London Borough of Enfield – Transcript Available
The transcript of Gurgur v London Borough of Enfield  EWHC 3483 (Admin) is now available on Licensing Resource.
It is worth noting that the case is only helpful to a point mainly because the Mrs. Justice Patterson did not actually make a ruling on the point of which policy applies.
This was due to the fact that Mrs. Justice Patterson found that the appeal was academic because the District Judge had dismissed the appeal since he was clearly satisfied that to grant the extension would harm the licensing objectives and in those circumstances “…it would have made no difference at all what the answers were to the two questions that were posed of him as preliminary points.”
She stated in the judgement that she would nonetheless and “for the sake of completeness” give her view on the matter. Her view was that “Just as factual evidence may be adjusted on any appeal and the parties are able to deal with that I can see no reason why the policy or guidance position cannot be adjusted similarly.”