"INTERNET LAW
BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)
Shaw and Sons
Gun
Law
6th
Edition
Godfrey
Sandys-Winsch
BA
(Cantab), Solicitor
ISBN
072190364 9,
Paperback,
232 pages,
£19.95
This
book represents an invaluable guide to the law as it affects all those who come
into contact with firearms
Advice
on the subject gun club members and owners game shooters: firearms dealers: the
police; and, of course, lawyers.
More
changes in firearms law have occurred since the publication of the fifth
edition than at any other time since the book's inception. This has largely
been as a result of several widely reported tragic incidents which led to the
reappraisal of all aspects of gun ownership and, with limited exceptions, the
banning of hand guns.
Initial
consideration might lead to the conclusion that there is no longer a need for a
book such as this as all guns have effectively, been banned. Neither assertion
is correct. however. The law as it relates to firearms covers many different
areas beyond simply the ownership and possession of hand guns.
This
new edition describes Which firearms and ammunition can lawfully he held, by
whom and under what conditions: separate chapters deal with "Section
1" firearms. shot guns and air weapons. The special arrangements in
respect of museums, theatres, sporting events. and overseas visitors are
considered.
The largest categories of ownership of firearms are for target shooting
and for the shooting of game. These recreations are considered in detail and.
with regard to game. protected species. close seasons. rights to shoot on land.
etc. are covered. Further chapters deal with firearms dealers, the possession
of firearms by young people and the difficult issue of imitation guns.
Contents
1-
Firearms and ammunition: definitions and general exceptions
2
- Prohibited weapons and ammunition
3
- Section One firearms and ammunition
4-
Shot guns and their ammunition
5-
Air weapons and their ammunition
6
- Police permits
7
- Visitors' permits
8
- Museums' firearms licences
9
- Imitation firearms
10-Shooting
game
11
- Poaching
12
- Protected birds and animals
13
-The tenant's right to shoot
14-
Young people and guns
15
-General restrictions on shooting and
carrying
guns
16
- Firearms dealers
Author's
Preface to 6th Edition
More
changes in firearms law have occurred since the last edition in 1990 than at
any other time when a new edition was being prepared.
The
main cause of this has been the violent incident at Dunblane in 1996 which
caused successive Governments progressively to ban, with limited exceptions,
all types of hand guns. This was effected by the Firearms (Amendment) Act 1997
and the Firearms (Amendment) (No 2) Act 1997.
Other
substantial changes are the result of European legislation. Council Directive
No 91/477/EEC was translated into British law by means of the Firearms Acts
(Amendment) Regulations 1992, which came into force on 1st July 1993.
Firearms
Amendment Acts of less significance were passed in 1992 and 1994. A number of
new provisions were enacted by the first of the firearm amending Acts of 1997,
including those for collections of firearms of historic interest and for a
central register of applicants for firearm and shot gun certificates.
New
Firearms Rules were introduced in 1998, changes were made to the Dangerous Air
Weapons Rules in 1993 and 1997, and other regulations were altered.
On
wildlife matters, a new Deer Act was passed in 1991, the Badgers Act of 1973
was twice amended in 1991 and appeared in a consolidated form in the Protection
of Badgers Act 1992, and minor legislation was enacted about seals and other
wild animals.
Godfrey Sandys-Winsch
May 1999
More Details
on the Shaw & Sons Website
Licensing
Applications - A Practical Guide,
2nd Edition I W Pepper
(With Specimen Forms)
£21.95
Author's Preface, with additional details.
The authors of the first edition, Tony
Kavanagh and Roger March, are to be congratulated on filling a gap in licensing
publications with this practical guide for both lawyers and non-legally
qualified applicants.
The first edition was published in 1990 and
since then deregulatory legislation has radically altered licensing law:-
Sunday licensing law was reformed by the
Licensing (Sunday Hours) Act 1995:
Public houses and restaurants now remain
open from noon to 10.30pm without a break;
Off licences, including supermarkets, can
sell alcohol from 10.00am through to 10.30 pm with no break.
Children's Certificates allow persons under
14 years of age to enter a bar if accompanied by an adult.
The Occasional Permissions Act 1983 has been
amended to permit an "organisation" to make twelve applications a
year (previously four), and there are other amendments to the Act that assist
applicants.
Licensing justices can now issue a
provisional grant for a special hours certificate - see the Licensing Act 1964,
section 77A.
The Deregulation (Licence Transfers) Order
1998 came into force on lst February 1998. This order created two new licensing
procedures: prospective licensees and interim authorities; these arc additional
to transfers and protection orders which remain unaltered.
The law relating to Special Hours
Certificates was subject to microscopic examination in the Court of Appeal in
the case of R v Stafford Crown Court, ex parte Shipley (1998) 1 AER 465
(relating to a Cannock, Staffordshire public house).
The earlier case of Chief Constable of West
Midlands Police V. Marsden (1995)159 JP 405 had held that a special hours
certificate could commence at 9.00pm, earlier than the termination of the
"normal" liquor licence (usually 11 .00pm). The application by the
police authority was not opposed by the licensee in this case. However, Shipley
decided that the licensing justices can give a starting time to a special hours
certificate. Prior to Shipley case, the generally held view by licensing
lawyers was that a special hours certificate commenced when the
"normal" liquor licence's hours terminated, usually 11 .00pm. This
was described as the "bolted on provision".
R v Crown Court at Stafford, ex parte
Shipley
Court of Appeal, Civil Division
29, 30 July, 12 December 1997
Licensing - Permitted hours - Special hours
certificate - Whether special hours certificate 'bolt-on' addition to ordinary
permitted hours or in substitution therefor - Whether licensing justices having
power to limit commencement time of special hours certificate - Licensing Act
1964, s 78A.
The appellant held a full justices
on-licence for a public house. Following the grant of a public entertainment
licence permitting the premises to be used for public dancing, music and other
public entertainment between 11 am and 12 midnight on weekdays and Saturdays
and with more restricted hours on Sundays, he applied for a special hours
certificate (SHC) under s 77a of the Licensing Act 1964 for Wednesday to
Saturday with the permitted hours for the sale of alcohol lasting until
midnight. The licensing justices granted him a certificate but limited it in
time to operate only between 7 pm and midnight. The appellant appealed to the
Crown Court, contending that the licensing justices had no power to limit the
commencement time of the SHC, but the court rejected that submission and
dismissed his appeal. The appellant applied for judicial review to quash the
decision but the judge dismissed his application. The appellant appealed on the
ground that the judge had erred in ruling that by virtue of s 78Ab of the 1964
Act (limitations on special hours certificates) the licensing justices had
power to restrict the time of commencement of permitted hours for the sale of
alcohol in premises which had the benefit of a SHC, contending that a SHC was
simply a bolt-on extra to s 60c general licensing hours which only became
operative after normal closing time, so that until 11 pm his ‘permitted hours’
were those permitted by s 60 of the Act, ancillary to nothing, and after 11 pm
by the hours permitted by the SHC granted under s 77 provided they were
ancillary to the provision of entertainment or food.
Held - Having regard to the scheme of the
1964 Act as amended and the intended role within it of the SHC regime, the
power of the licensing justices under s 78A of the Act to limit the times of
the permitted hours when the SHC applied was not restricted to end times only
but included a power to impose a start time. Furthermore, the SHC permitted
hours operated in substitution for the general licensing hours under s 60 of
the Act so that when the SHC was in operation the sale of intoxicating liquor
during the permitted hours had to be ancillary to the provision of
entertainment and food throughout. The appeal would therefore be dismissed.
Cases referred to in judgments
Carter v Bradbeer [1975] 3 All ER 158,[1975]
1 WLR 1204, HL.
Chief Constable of West Midlands Police v
Marsden (1995) Times, 2 May.
Padfield v Minister of Agriculture Fisheries
and Food [1968] 1 All ER 594,[1968] AC 997,[1968] 2 WLR 924, HL.
Pepper (Inspector of Taxes) v Hart [1993] 1
All ER 42,[1993] AC 593,[1992] 3 WLR 1032, HL.
Spence v Cooper (22 March 1996, unreported),
QBD.
It should be noted that
police authorities have differing views on this fundamental change in licensing
law and anyone considering applying for a special hours certificate is advised
to consult a licensing practitioner prior to commencing an application.
At the time of writing,
the government is proposing to introduce legislation to alter the law relating
to Sunday dancing. Currently, the Sunday Observance Act of 1780 prohibits
charging for admission on Sundays. This Act will doubtless be radically amended
or repealed some time in the near future.
The Home Office also
wishes to relax the licensing law relating to the sale of alcohol, thereby
permitting its sale after midnight on Sunday into early Monday morning. When
passed, this embryonic legislation will give a new aspect to discotheques,
night clubs and registered clubs.
Much more radical and
fundamental change to licensing law was promulgated as this book went to press.
If eventually adopted, proposals to allow 24 hour opening of licensed
establishments and transfer of licensing responsibilities to local authorities
will necessitate
a new edition of this
book. However, the wheels of government are not renowned for rotating swiftly
and this edition is likely to remain current and accurate for some while yet.
In the first edition of
this book, differences in licensing law between the Principality and England
were highlighted. Recent deregulation legislation has, however, applied to both
England and Wales.
The Sunday closing
provisions relating to Wales and Monmouthshire, contained in sections 66 and 67
of the Licensing Act 1964, are still on the statute book. However, the last
poll was in 1996 and the government's stance on any future polls would appear to
place these sections on the obsolete list of licensing legislation. Thus Sunday
closing seems to be an item to be confined to social history; maybe the new
Welsh Assembly will find time to recommend its repeal.
The present licensing
legislation, with the above-mentioned exception, applies equally to England and
Wales. Accordingly, in this edition any specific references to Wales have been
deleted.
It is easy to understand
why the government is turning its attentions to licensing reform. One anomaly
due for correction is found in the Licensing Act 1964, section 169. Young
persons between the ages of sixteen and eighteen years can consume intoxicating
liquor with a meal in a public house, in a part of the premises set aside for
the service of table meals. The intoxicating liquor must be beer, porter, cider
or Perry, and the amount they can consume is not stated. Therefore, they are
not legally entitled to drink a glass of wine with their meal. Porter and Perry
yes, Wine no!
The author gratefully
acknowledges the assistance received from friends and former colleagues.
More Details on the Shaw
& Sons Website
EMPLOYMENT TRIBUNALS
The Complete Guide to Procedure
Third Edition
D. J. Walker and Christopher Carstairs
This looseleaf
publication is the most comprehensive work available on the practice and
procedure of employment tribunals. It covers all aspects of the workings of
these bodies, which differ markedly, in many respects, from those of other
courts and tribunals.
The work has been fully
revised to take account of the change of name of industrial tribunals to
employment tribunals and the large amount of new legislation that has come into
force during the last few years, the most significant of which is the
Employment Relations Act 1999. It thus remains the most comprehensive and
up-to-date guide to all the intricacies of the practice and procedure of these
tribunals.
It deals in detail with
the procedure for cases under the Employment
Rights Act 1996 and also
with the differences between that procedure
and the procedures which
apply in cases under the Industrial
Training Acts, Sex
Discrimination Act, Race Relations Act and
Health and Safety at
Work, Etc. Act.
The principles which
govern the various awards of compensation that can be made by employment
tribunals, and the method of making those awards, are often little understood
by those appearing before them. A chapter is therefore devoted to explaining
this important subject.
This work is invaluable
to both practitioners and companies having dealings with employment tribunals
and its looseleaf format ensures that its content is always current through the
issuing of supplements.
ISBN 0 7219 1382 2 AS Looseleaf 388 pages
£75.00, post free in the U.K.
The object of the work is
to cover every aspect of practice and procedure in a logically progressive
manner, dealing with each matter at the point in the sequence of events at which
it is most likely to occur in a normal case. This, together with a detailed
contents list and an extensive index, will enable users of the book to find
answers to their problems quickly and easily.
SUMMARY OF CONTENTS
Chapter 1:The Nature of
the Subject
Chapter 2:Commencement
Proceedings: Originating Applications and Notices of Appearance, etc.
Chapter 3:Time Limits
Chapter 4:Interlocutory
Orders
Chapter 5:Special Rules
and Procedures under Various Acts
Chapter 6:Interlocutory
Hearings and Pr-Hearing Reviews
Chapter 7:Listing Cases
for Hearing and Related Matters
Chapter 8:The Role of
ACAS and Settlements
Chapter 9:Preparing for
the Hearing
Chapter 10:Preliminary
Hearings, Interim Relief, Protective Awards and Transfers of Undertakings
Chapter 11:Conduct of the
Hearing
Chapter 12:Calculating
the Award of Compensation
Chapter 13:Decisions and
Costs
Chapter 14:The Effect of
Death on Employment Tribunal Proceedings
Chapter 15:Reviews
Chapter 16:Appeals
Chapter 17:Instances of
Lack of Entitlement to Bring Proceedings
Index