Kuwait Court of Cassation principle number 1194

The Municipality’s competence, pursuant to its Establishment Law 15 of 1972 - which governs the facts of the dispute - and Decision 26 of 1992 of the Minister of Municipal Affairs concerning premises, issued in implementation thereof, to supervise public premises and premises disturbing comfort and harmful to health, and to monitor the implementation of laws and regulations relating thereto in cooperation with the other authorities concerned. The reason therefor: verifying that those premises satisfy the conditions necessary for carrying on their activity pursuant to the laws and regulations governing that activity, including obtaining the necessary licence from the competent authority. The Municipality has the power to close premises proven to be carrying on their activity without obtaining a licence therefor from the competent authority. The Municipality’s competence concerning 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 carry on the activity. The challenged judgment’s departure from this view. An error in the application of the law which vitiates it and requires its quashing in cassation. 32- Jurisdiction of the Council of Ministers:-