Prosecutions Report: Update August 2010

Please click here to see the Prosecutions report for August.

We have had some recent success at the Tribunal closing down two illegal brothels that were operating under the guise of a massage clinic. One brothel had planning permission for a medical centre. The other brothel had a planning permit for consulting rooms. Both respondents relied on the planning permits and argued that they should be allowed to operate as a massage clinic (without providing sexual services) given that planning permission had already been granted. The Tribunal made a declaration that the current use of the land would not constitute the use of land for medical centre/consulting rooms, even if sexual services was to cease. The declaration resulted in the granting of an enforcement order that required all use of the land by those respondents to cease immediately. More information will be sent out shortly about how to use the Tribunal to deal with illegal brothels.

In other news, a recent Supreme Court decision has highlighted the very broad discretion Magistrates have in awarding costs and how difficult it is for a prosecutor to appeal a costs order. This is consistent with advice that Maddocks has been giving our local government clients for a long time.

Also, look out for our upcoming workshop in October for animal management officers!

If you have any queries please contact a member of our Prosecution & Enforcement Team.