Belfast City Council v Miss Behavin' Ltd

Miss Behavin’ Limited sought to operate a sex shop in Gresham Street, Belfast. It applied for a licence under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985. The Belfast City Council refused the application. Miss Behavin’ brought judicial review proceedings in the High Court against the Council’s decision. The High Court dismissed the application. The Court of Appeal allowed an appeal and quashed the decision of the Council. The Council appealed to the House of Lords.

The central issue before the House of Lords was whether the Belfast City Council’s refusal of the licence was unlawful under the Human Rights Act 1998. The Court of Appeal had held that the Council’s decision was flawed because it did not sufficiently take into account the applicant’s rights under Article 10 (freedom of expression) and Article 1 of the First Protocol (peaceful enjoyment of possessions). The House of Lords rejected this approach, holding that it was sufficient to consider whether the refusal of the licence had actually infringed the applicant’s rights, not whether the Council had properly considered them.

The House of Lords held that the Council’s decision was not unlawful under the Human Rights Act 1998. The applicant’s right to freedom of expression was engaged at a low level, as the business involved selling pornographic books and videos. While the right to freedom of expression could be restricted for the protection of health, morals and the rights of others, the Council’s decision did not interfere disproportionately with the applicant’s rights. The decision was based on the Council’s determination that no sex shops were appropriate in the locality. The applicant had not shown that this was an unlawful interference with its rights. The House of Lords also held that the applicant’s right under Article 1 of the First Protocol was not infringed, as the refusal of the licence did not amount to an unlawful deprivation of the applicant’s possessions.

The House of Lords allowed the appeal and restored the decision of the High Court dismissing the applicant’s judicial review proceedings.