Belfast CC v Miss Behavin’ Ltd [2007] 1 WLR 1420

Court: House of Lords

Facts: Miss Behavin’ Ltd, a chain of sex shops, sought to open a new shop in Belfast. However, Belfast City Council refused the application on the basis that it did not want sex shops operating within the city. Miss Behavin’ Ltd challenged the decision, claiming that the refusal violated their right to freedom of expression under Article 10 of the Human Rights Act 1998. The claim argued that their ability to operate such shops and sell adult materials was a form of expression protected by the Act.

Issue: Whether the Council’s refusal to allow Miss Behavin' Ltd to open a sex shop in Belfast constituted a violation of their right to freedom of expression under Article 10 of the Human Rights Act 1998.

Held: The House of Lords dismissed the appeal. They ruled that the Council was not required to expressly consider the Article 10 right, as long as the decision was otherwise justifiable and reasonable in balancing public interests. The Court upheld the Council’s decision, emphasizing that the refusal did not stop the sale of adult materials altogether but merely regulated where such businesses could operate within the city.

Key Judicial Statements: Lord Hoffmann stated, "The question is not whether the council's decision infringed the right, but whether the decision itself was justified. Provided the decision is reasonable and rational, the Council is entitled to limit where such shops may be opened" [34].

💡 LevelupLaw: This case exemplifies the balancing act between individual rights under the Human Rights Act and public policy considerations. The ruling emphasizes that public authorities, like councils, can make decisions limiting the exercise of certain rights, such as freedom of expression, as long as those decisions are justified and reasonable within the context of the broader public interest.