Davis v Westminster City Council

The Divisional Court dismissed an appeal by way of case stated against the magistrates' conviction of the appellant for unlicensed street trading under the City of Westminster Act 1999 (sections 8 and 27(1)). The sole legal question was whether the items sold fell within the newsvendor exemption in section 3(a) of the 1999 Act, which applies only where the only articles sold are current newspapers or periodicals. The court held that registration under the Newspaper Libel and Registration Act 1881 does not compel fact-finders to treat a registered item as a newspaper and that the definition in the 1881 Act is confined to that Act. The court treated "newspaper" in section 3(a) as used in its ordinary sense and, on the facts found, upheld the magistrates' conclusion that the appellant was selling cards listing football leagues and festivals which did not contain news and therefore were not newspapers or periodicals. The court noted the case stated was sparse on reasons but concluded the magistrates' determination was within the range of reasonable conclusions and that Article 10 ECHR did not alter the outcome.

This was an appeal by way of case stated from a conviction on 5 October 2011 by the Justices for Central London for street trading without a licence, contrary to section 8 and section 27(1) of the City of Westminster Act 1999. The appellant conceded he was trading but contended that the articles he sold were "newspapers" within the exemption in section 3(a) of the 1999 Act, and relied on registration under the Newspaper Libel and Registration Act 1881.

Nature of the application: The appellant sought to challenge a magistrates' finding that the items sold were not "current newspapers or periodicals" for the purpose of the section 3(a) exemption.

Issues framed:

• Whether registration under the 1881 Act compels magistrates to treat the registered material as a newspaper for statutory exemption purposes.
• Whether the items sold were, in ordinary meaning, a newspaper or periodical.
• Whether Article 10 ECHR or the Human Rights Act provision referred to required a different approach.

Court's reasoning: The court held that registration under the 1881 Act does not bind magistrates or compel a conclusion that a registered item is a newspaper when considering a different statutory regime (the 1999 Act). The 1881 Act's definitional provision applies within that Act alone. The court treated the word "newspaper" in the 1999 Act as used in its ordinary sense (a question of law). On the facts set out in the case stated — that the product was a lanyard containing articles printed on paper (slightly larger than a credit card) listing football leagues and festivals — the court concluded the content did not amount to "public news, intelligence, or occurrences" and the magistrates were entitled to find the items were not newspapers or periodicals. The court recognised the case stated was thin in reasons but found the magistrates' conclusion was within the range of reasonable conclusions. The Article 10 argument was considered and rejected as inapplicable to the licensing question; the appellant was free to publish but not to sell the items on Westminster streets without a licence. The court also awarded costs against the appellant in the sum of £1,500.

The appeal is dismissed. The court held that registration under the Newspaper Libel and Registration Act 1881 does not compel magistrates to treat a registered item as a newspaper for the separate statutory purpose of the City of Westminster Act 1999; "newspaper" in section 3(a) of the 1999 Act is to be given its ordinary meaning as a matter of law; and on the facts the items sold (cards listing football leagues and festivals) did not contain news and therefore were not newspapers or periodicals, so the exemption did not apply.

Conviction by the Justices for Central London on 5 October 2011 for street trading contrary to sections 8 and 27(1) of the City of Westminster Act 1999; appeal by way of case stated to the Divisional Court, reported as [2012] EWHC 2303 (Admin).