Case Study Flashcards
Why were licenses used for pop-ups as opposed to leases?
A licence grants permission to carry out some activity at the licensor’s property. It comprises a personal right or permission. It offers no legal or equitable property rights other than the right of use. It does not create an estate in land, does not offer exclusivity and would end if the owner sold the property.
How do you ensure that a licence Isn’t actually a lease?
the licensee is not granted exclusive use of the site
What does Competition law protect consumers and businesses from?
Competition law makes sure businesses are competing with one another and are protected from others acting unfairly
Why was VAT payable on a roaming pitch but not on a fixed pitch?
A licence to occupy is exempt from VAT if all of the following criteria exists:
* It is a defined area
* For an agreed period of time
* Can use the land as though they own it and may exclude others
* The land/building is not opted to tax
If any of the above does not exist then it is a VATable supply. Therefore, if we do not specify the area which can be used then it is VATable.
If the licensee with the large vehicle hadn’t removed, what would your remedies have
been?
Mediation
Arbitration
Litigation
Ultimately I would have served notice to terminate on them
How would you have proceeded If the licensee continued selling beach Items?
I would have have given the licencee a written warning to remedy the breach within a set timescale, if they still continued, I would have served a notice to terminate his agreement
