Practice Profile 

Gerald Gouriet QC was called to the bar in 1974.  His first years were spent mainly in criminal defence work, which from its Old Bailey roots rapidly branched out into defending prosecutions brought under Health and Safety, Environmental Protection (principally noise abatement), Trade Descriptions and Planning legislation.

In the mid 1980's he began to be instructed on a regular basis in Licensing cases; and by the time he left the UK to work in America (1991) he was regarded as one of the leading licensing juniors.

He returned to practice at the Bar in 1999, and took silk in 2006.

"A star individual"
Chambers and Partners 2012

"..a much revered figure at the Bar, who is praised for his "graceful advocacy" and for the concision and accuracy of his advice. He is the prominent name at the set..."
Chambers & Partners 2011

"Gerald Gouriet QC...has an 'excellent, tactical mind'."
Legal 500 2010

"If there is a complicated case to be handled there is no -one better than Gerald Gouriet QC. A true luminary of this area of law, he is ‘a beautiful advocate to listen to; he never falls back on a script and is capable of magnificent extemporisation."
Chambers & Partners 2010 

"[Gerald Gouriet QC is] ‘absolutely outstanding and everything you could want in a silk'...‘charming and approachable' and ‘a recognised hard-hitter when it comes to tough cases'."
Chambers & Partners 2009

"Leading the pack is Gerald Gouriet QC, who has a ‘marvellous turn of phrase' and has ‘an excellent rapport with licensing committees. His experience runs the gamut of licensing law."
Chambers & Partners 2008

Experience

LICENSING

Gerald practises in all fields of licensing and is a contributor to Paterson's Licensing Acts and a consultant editor of the Licensing Review. He appears before licensing committees throughout England and Wales, and also the Licensing Boards of Scotland. His appellate work, both for and against licensing authorities, takes him before tribunals ranging from magistrates' courts to the Supreme Court. His considerable experience in the Administrative Court makes him much sought-after in the many High Court challenges spawned by the recent and comprehensive legislative overhaul of liquor, entertainment and gambling.

Gerald is also regularly instructed in Taxi and Private Hire Vehicle licensing (for applicants and licensing authorities). He drafted the Hackney Carriage Licensing Policy for Berwick-upon-Tweed, following the decision on the High Court in R v  Berwick-upon-Tweed Borough Council (LR76, 33).  He advises Transport For London on the many issues relating to taxi & private hire vehicle licensing in the Capital.  He recently reviewed and advised on the Taxi Licensing Policy of Coventry City Council.  

GAMING

The Gambling Act 2005 caused an unprecedented rush of casino applications under the previous legislation to be made before the statutory deadline. All of these applications were heavily opposed by the existing casino operators. Gerald successfully applied for new casino licences in London (The Hippodrome, granted on appeal; and the Fox Poker Club), Scarborough (The Opera House), Huddersfield (Casino Red), Middlesbrough (Thistle Hotel), and Great Yarmouth (The Palace Casino).

Gerald is currently instructed in the first tranche of casino licence applications under the 2005 Act.  He appeared for Great Eastern Casinos in their successful 'stage one' application for a Large Casino Licence and similarly for the Opera House in Scarborough, and is currently retained in a number of Stage 1 applications yet to be considered.

REGULATORY LAW

Gerald has a broad range of experience in a number of regulatory areas.  He spent the first 8 years' practice at the Bar defending and prosecuting criminal cases at all levels.  He is thoroughly at home in the criminal courts, and before tribunals exercising quasi criminal jurisdiction.  His licensing practice has involved him in numerous regulatory crime prosecutions arising out of the operation of licensed premises, principally Health & Safety, Noise Abatement & Trade Descriptions - although he has also defended actions in respect of other offences such as the cutting down of protected trees, as well as various planning breaches.

PLANNING LAW

In addition to defending enforcement proceedings, his recent involvement in the planning process itself has included:

• Successfully opposing the grant to Enertrag of planning permission for 7 wind turbines at Hempnall, Norfolk.
• A successful challenge to the grant of planning permission to Persimmon Homes in Long Stratton, Norfolk

Recent Clients

GAMBLING

• Caesar's Palace (Las Vegas) - casino bid for Wembley
• The Ritz Casino
• The Empire Casino (LCI)
• Grosvenor Casinos (Rank)
• Palace Casino, Great Yarmouth
• Casino Red, Huddersfield
• The Noble Organisation - various night clubs, amusement centres, bingo clubs and casinos;
• The Hippodrome Casino, London
• Luminar Leisure - casino applications in Bournemouth and Leeds
• Lucinenne Barriere (French Casino Operators)
• Great Eastern Quays Casino;
• Group Partouche (French Casino Operators)
• Ladbrokes
• Coral
• William Hill
• BetFred
• Shipley Brothers - bingo clubs

LIQUOR AND ENTERTAINMENT

• Novus Leisure - judicial review of Westminster Licensing Committee
• Somerfield - judicial review of licence conditions
• Punch Taverns
• John Lewis
• The Cooperative Group
• Mitchells & Butlers
• Luminar Leisure
• The Spirit Group
• The British Beer and Pub Association (BBPA)
• Acted for ‘Ocean Nightclub' on their successful appeal (opposed by Police) for extended hours in Nottingham.
• Acted for the police in the revocation of the licence held by ‘Syndicate Nightclub' in Blackpool, and on their applications to revoke the licence for ‘Spearmint Rhino' in London
• Numerous local authorities, including Westminster, Kensington and Chelsea, Richmond, Chichester, Medway, Guildford.

TAXI LICENSING

• Transport for London - PHV and Hackney Carriage licensing
• Coventry City Council - PHV and Hackney Carriage policies and procedures
• Berwick upon Tweed Council - redrafting Taxi Licensing Policy

THE BBC

• New licensing requirement for broadcast entertainment recorded with live audiences.

Recent Cases

• The Queen (on application of Townlink Ltd) v Thames Magistrates Court [2011] EXHW 898
  An important judicial review, in which Lindblom J explains the decision of the Court of Appeal in the case of "Halicise".
• The Queen (on the applicaion of A3D2 Limited, trading as Novus Leisure) v Westminster Magistrates Court [2011] EWHC 1045
  The High Court (Cranston J) held that there is no 'value' in a licence held in respect of premises which ceased trading and have since been demolished.
• Christian Institute v Cornwall County Council (2011)
  Judicial review of the grant of asex-shop license
• KFC v Westminster City Council (2010)
  Successful appeal against refusal to allow extended hours at Leicester Square branch
• Sunset at Thors Rock (2010)
  Successful application by residents' group to limit the scope of proposed 'rock festival'
• Scarborough Opera House (2010)
  Grant of stageone casino licence
• Great Eastern Quays Newham (2010)
  Grant of stage one Large Casino Licence
• R (on the application of the Chief Constable of Nottinghamshire) v Nottingham Magistrates' Court [2009] EWCH 3182 (Admin)
  Because of its importancethis judicial reviewwas allocated to a two-judge court presided over by a Lord Justice of Appeal (Moses LJ). The Court held that interested parties on a licensing application have no right to be respondents on an appeal under Licensing Act 2003. There had been conflicting decisions on this question up and down the country.
• Bristol City Council v Bristol Magistrates' Court [2009] EWHC 625 (Admin)
  A judicial review brought by Bristol City Council against the magistrates' court decision to strike out conditions on a premises licence. Dispelling a fallacy widely adopted by local authorities, the High Court rejected Bristol Council's argument that licence conditions need to reproduce the effect of the terms of the operating schedule attached to a licence application.
• Hippodrome Casino Ltd v Grosvenor Casinos, LCI and Gala Casinos (2009) 76 LLR 19
  This was a Casino Licence Appeal in respect of the old ‘Talk of the Town' premises in Leicester Square. The appeal was allowed by Southwark Crown Court in the face of strong opposition from all the existing London Casinos.
• R (on the application of Westminster City Council) v Metropolitan Stipendiary Magistrate (2008) 75 LLR 19
  This was a judicial review of a grant of a licence by a magistrates' court on appeal from Westminster City Council. Westminster failed to have the grant of the licence quashed. The court gave guidance, however, as the need for certainty in the wording of conditions on a 2003 Act premises licence; and remitted the matter to the magistrates' court in order for the existing conditions to be re-worded.

Qualifications and Appointments

• Bachelor of Music (Royal College of Music)
• Called to the Bar: 1974
• Queen's Counsel: 2006