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.

"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

"[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

"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 

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 at first instance 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 (The Licensing Act 2003 and The Gambling Act 2005).

Gerald is also regularly instructed in Taxi and Private Hire Vehicle licensing (for applicants and licensing authorities). He has recently 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).
      

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.

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.

REGULATORY LAW

Gerald has a broad range of experience in a number of regulatory areas, including -

• Environmental
• Food safety
• Trade Descriptions
• Inquests arising out of Road Traffic Accidents as well as work-related deaths
• The ever-increasing regulation under the licensing regimes.

RECENT CLIENTS

The BBC - licensing requirement for ‘Top of the Pops' etc. under the new legislation; Caesar's Palace (Las Vegas) - casino bid for Wembley; The Noble Organisation - night clubs, amusement centres, bingo clubs and casinos; Shipley Brothers - bingo clubs; Grosvenor Casinos (Rank); The Ritz Casino; The Empire Casino (LCI); all the major bookmakers (incl. Ladbroke, Coral, William Hill, BetFred), as well as the smaller independent bookmakers and casino operators. 

Luminar Leisure; The Spirit Group; Punch Taverns; The British Beer and Pub Association (BBPA) - judicial review of licensing authority; Somerfield - judicial review by Bristol of licence conditions; numerous local authorities, including Westminster, Kensington and Chelsea, Richmond, Chichester, Medway, Guildford.

Acted for ‘Ocean Nightclub' on their successful appeal (opposed by Police) for extended hours in Nottingham. Acted for the Police on their revocation of the licence for the ‘Syndicate Nightclub' in Blackpool, and on their applications to revoke the licence for ‘Spearmint Rhino' in London. Acted for Wetherspoons on numerous opposed extensions of hours; and for ‘Walkabout' (Regent Inns) on various reviews of liquor licences

RECENT CASES

• 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.
• 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.
• 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.
• R (on the application of the Chief Constable of Nottinghamshire) v Nottingham Magistrates' Court [2009] EWCH 3182 (Admin)
  In this important case, which because of its importance  was allocated to a two-judge court presided over by a Lord Justice of Appeal (Moses LJ), the High Court held that interested parties 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.

Qualifications and Appointments

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