Law Weblog

Westminster City Council v French Connection Retail Ltd (2005)

Monday 2 May 2005 at 9:46 am | In News | Post Comment

[Statutory interpretation – meaning of ‘street’ – purposive approach]
D operated a loud-speaker in the street. He owned a shop small devices fixed to the windows broadcasted pop music into the street.  Although the magistrates found that the windows had been functioning as loud-speakers, they concluded that the windows, so used, could not be loud-speakers in the street. The prosecution appealed by way of case stated.

Held: Once it had been found that the window had been functioning as a loud-speaker, the outer face of the window was plainly in the street, even if the inner face was in the shop. The object of the Control of Pollution Act 1974 was to prevent the public, enjoying a public right of way, from being assaulted by noise.
The matter remitted with a direction to convict

Guilty