Page 663 - Pages from 8. 2017 New 26-05-21 No Table- 2nd Half

It's a very broad, meaningless word, so we would like to change
it to "provide any service in respect of any licensable activity in
unlicensed premises.
It's more specific.
Engage" is such a nebulous word.
COUNSEL FOR THE RESPONDENT: Yes, your Honour.
JUDGE PAWLAK: You wouldn’t be able to prove a breach
probably, because the court would say ---
COUNSEL FOR THE RESPONDENT: Lack of clarity, yes.
Your Honour, may I just address you? You’ve made you r
decision. I don't seek to try to ---
JUDG E PAWLAK: Go behind it, yes.
COUNSEL FOR THE RESPONDENT: Seek you to make it
again. Just in respect of the amendment to (e), "Unless the
purpose of his entry on such property," can I make two
submissions as to that?
JUDGE PAWLAK: Yes.

COUNSEL FOR THE RESPONDENT: The first is as to the
word "services.
I don't think there was ever any suggestion that he would need a
service; it would be goods. Also ---
JUDGE PAWLAK: What if his car has broken down?
COUNSEL FOR THE RESPONDENT: Yes, okay.
The second submission I would make is in respect of that is
"garage premises” is perhaps again a little undefined.
If it's petrol station, then that's one thing, but garage premises is
much wider than that.
JUDGE PAWLAK: I think we all know what a garage is and it
has to be open and providing a service. If you like, “garage or
petrol, shop or garage or petrol premises," but I don’t see why
"garage" should come out, "shop or garage or petrol premises.
COUNSEL FOR THE RESPONDENT: The only other
submission I would make in respect of (e) --- JUDGE
PAWLAK: Actually, we ought to change it to "fuel.
COUNSEL FOR THE RESPONDENT: Yes, in case he drives
a diesel.
The only other submission I would make in respect of (e) ---
JUDGE PAWLAK: Can we say "shop or garage or fuel
supplying premises."
COUNSEL FOR THE RESPONDENT: In terms of its
practicability, I would submit this perhaps gives Mr. Cordell an
ace in the hole if this were ever to come up again and he says,
"Oh, no, no, no, I was just on this estate because three hundred
yards that way is a corner shop that happens to be open.
JUDGE PAWLAK: Well, no-one would believe him.
COUNSEL FOR THE RESPONDENT: You’re Honour, yes,
that may well be the case, but in terms again of the practicability
of the order, if every time he had an open-ended excuse such as