LANDLORD AND TENANT – Licensee – Effect of determining a licence before the expiration of a reasonable time

“… a licensee is entitled to a reasonable time before the licence is determined and if it is determined earlier the licence is revoked but if the licensor ejects the licensee prior to the expiration of a reasonable time then he must pay damages. See Minister of Health v. Bellotti [1944] 1 All E.R. 238 where Goddard L.J. (as he then was) said at page 245 – “On the other point, it seems to me the position is this: If a licensor determines the licence, he is bound to give a reasonable time within which the determination is to take effect, so that the licensee can collect himself, his property or whatever it may be, from the premises in respect of which the licence has been withdrawn. He is bound to give a reasonable time, and if he does not and takes proceedings before the reasonable time has elapsed, he loses his action. But although he may not give a reasonable time, it seems to me that that does not put an end to the withdrawal of the licence. The licence has been withdrawn and the withdrawal becomes effective when a reasonable time has expired. The fact that he may have limited a time which, as in this case, was unreasonable, and in this case wholly unreasonable, does not justify the licensee in sitting down and doing nothing. He should have begun to make arrangements, or attempted to make arrangements to remove himself, and by the time the proceedings had started on Sept. 22, he had had ample time.”

Per LEWIS, JSC in OYEKOYA V. G.B. OLLIVANT (NIG.) LTD (1969) LCER-493(SC) (Pp 9 – 11 Paras F – A)
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