Kuwait Court of Cassation principle number 700

The Municipality’s competence, pursuant to 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 the peace and harmful to health, and to supervise implementation of the laws and regulations relating thereto in cooperation with other concerned authorities. The reason therefor: verifying that those premises meet the conditions necessary to conduct their activities in accordance with the laws and regulations governing such activities, including obtaining the necessary licence from the competent authority. The Municipality has the power to close premises proven to be conducting their activities without obtaining a licence therefor from the competent authority. The Municipality’s competence regarding administrative closure of premises—in the field of administrative policing—does not conflict with the competence of other administrative authorities responsible for granting licences to conduct the activity. The challenged judgment’s departure from this view. An error in applying the law that vitiates it and requires its cassation.