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Council ordered to pay £32k in legal costs after betting giant wins appeal

A London borough has been ordered to pay £32,000 in legal costs to Ladbrokes after the betting company successfully appealed the refusal of a betting office licence.

Uxbridge Magistrates Court allowed Ladbrokes’ appeal over Hillingdon Council's refusal of the licence in Uxbridge High Street in September.

Last week, taking into account the principles in City of Bradford MBC v Booth, the court made a costs order against Hillingdon.

It was held that the original decision had been within Hillingdon’s powers to make, but that the rationale was not supported by evidence adduced by the local authority.

The Magistrates’ Court therefore held that the decision to refuse the licence was unsound.

The court also held that examination of Ladbrokes’ case should have shown that Hillingdon’s case, as prepared for court, would not succeed.

Philip Kolvin QC, barrister at Cornerstone Barristers and counsel for Ladbrokes, said: “This case, along with the recent costs decision against the council in Sainsbury’s v Leicester City Council demonstrates the critical importance for councils to support their decision with proper evidence on appeal. If they do not, they risk an order for costs, however sound their decision may have appeared at the time.”

In the Leicester case, the council was ordered to pay £44,000 in legal costs after a Magistrates’ Court allowed an appeal by the supermarket group against a refusal of a premises licence in a cumulative impact area.