Owens v Normanton Liquor Accord

Owens commenced proceedings against Normanton Liquor Accord and others seeking judicial review of the accord’s decision to ban him from the premises of each signatory of the accord. The accord was a document signed by the publicans of Normanton which purported to ban the applicant from all their premises. The applicant sought a declaration that the accord was not a valid exercise of public power, and sought an injunction to prevent the accord from being enforced. The accord argued that the decision to ban the applicant was not a decision of the accord, but rather of each individual publican, and that each publican had a common law right to refuse entry to their premises. The accord also argued that the issuance of the prohibition letter was not an exercise of public power.

The court was required to determine whether the accord was a decision of the accord or of each publican, whether publicans had a common law right to refuse entry to their premises, whether the issuance of the prohibition letter was an exercise of public power, and whether the accord should be the subject of a declaration. The court found that the accord was a decision of the accord and not of each individual publican, and that publicans did not have a common law right to refuse entry to their premises. The court also found that the issuance of the prohibition letter was an exercise of public power and that the accord was the subject of a declaration.

The application was refused. The court directed the parties to appear before it to discuss costs and what final order should be made as to the third respondent’s application.