Westminster City Council's decision to restrict late licences in key areas of the capital has been branded "ambiguous" and "inconsistent" by a High Court judge.
But despite the judge's comments, the council is still claiming victory in the case because it has not been ordered to revoke the policy.
The High Court challenge centred on councillors' opposition to any new licences after 1am being granted, on the grounds that they could add to late night disorder problems. Bar operator Urbium had claimed that this was restricting competition.
The judge ruled that the policy must be reviewed and redrafted after consultation with the trade, a decision welcomed by Urbium. But the council claims the judge did not completely rule out the restriction of late licences and has therefore given the policy some credence.
The High Court decision comes after Westminster City Council brought a judicial review following a Crown Court ruling that the move to restrict opening hours on the licence of a bar run by Urbium was unfair.
A leading legal expert, who was at the latest High Court hearing, told thePublican.com: "Westminster City Council lost the case. The judge found that Westminster's licensing policy was ambiguous, inconsistent and had serious flaws and that there needed to be proper consultation with the industry."
But a councillor for Westminster defended its policy.
"We want the West End to be the pre-eminent retail and entertainment area for Londoners and visitors alike," Councillor Robert Davis said.
"The explosion in the numbers of mega pubs and mega clubs in the small West End area has increased congestion, the fear of crime and threatened the traditional land use in this diverse area," he added.
A spokesman for Urbium said: "The court found that Westminster's policy as drafted is ambiguous and cannot be implemented in the way Westminster wish to implement it."
Stuart Jordan who runs the Escape Bar, said he agreed that the area was saturated with pubs, bars and clubs but that it was the council's fault for allowing this to happen in the first place.
"I agree that there are too many premises in the area, but I don't see why our closing time has to be brought forward to 1am because of one resident's objections," he said.
Westminster's controversial policy has sparked trade concern that other councils will follow suit. Many licensees fear it could be a taste of what is to come under proposed licensing reform plans which would give residents more rights to object to late night opening.
Related articles:
Westminster City Council criticised for street-noise sham (23 May 2002)
Westminster council hits out at 'heavy-handed' PEL criticism (9 May 2002)
Westminster Council PEL action 'heavy-handed' (25 April 2002)
Westminster council attacked by BiSL as late-opening row continues (13 March 2002)
Westminster council given approval on restriction of late licenses (21 December 2001)