Kuwait Court of Cassation principle number 1876

The municipality's competence under its Establishment Law No. 15 of 1972 (*)- which governs the facts of the dispute - and Minister of Municipal Affairs Decision No. 26 of 1992 concerning premises, issued in implementation thereof, to supervise public premises and premises disturbing comfort and harmful to health, and to supervise the implementation of the laws and regulations relating thereto in cooperation with the other relevant authorities. The reason: to verify that those premises satisfy the conditions necessary for conducting their activities under the laws and regulations governing such activities, including obtaining the necessary licence from the competent authority. The municipality has authority to close premises proven to be conducting their activities without obtaining a licence therefor from the competent authority. The municipality's competence regarding the administrative closure of premises—in the sphere of administrative policing—does not conflict with the competence of the other administrative authorities competent to grant licences to conduct the activity. The challenged judgment's contravention of this view. An error in applying the law that vitiates it and requires its cassation. - 542 - Administrative Delay penalty