High Court victory for pub industry
The pub trade has won a landmark legal case after a High Court judge ruled that a council's licensing policy was unlawful.
Licensees, pub companies and brewers across the country hope the ruling, announced this morning, will now force other councils to back down from policies which have gone beyond the powers granted to them under the Licensing Act.
The action was brought by the British Beer & Pub Association (BBPA), the Association of Licensed Multiple Retailers and the BII, who contended that Canterbury Council's licensing policy was too prescriptive, set broad blanket conditions and misled applicants about what they had to do to be granted a licence - and as a result was in breach of the Act.
Dr Martin Rawlings (pictured), director of pub and leisure at the BBPA, said: "In delivering his judgement Mr Justice Richards made it clear that the industry has received a successful and substantial outcome to their claim for judicial review. He stated in his ruling, 'It is sufficient that my judgement speaks for itself, not just to the council [Canterbury] but also to the other licensing authorities whose policies are under examination.'"
Mr Rawlings said most local authorities were working positively with the industry, but a number had used their licensing policies to impose "unnecessary and unlawful conditions".
"We trust they will all now be studying and considering this judgement and amending their policies and practices accordingly," he said.
Canterbury City Council said it would now review its policy at the end of the transitional period in August - which it claimed it had already agreed to do in the light of experience gained so far.
"Mr Justice Richards has emphasised that while a council's licensing policy should not dictate to applicants what operating standards they must propose when they apply for a licence, the council may firmly express what it expects an applicant to put forward," said a spokesman.
"The council may also indicate that it is likely to take a firm stance if objections to the applicant's proposal lead to a hearing before its licensing committee. These principles will be followed in the re-drafting of the Council's policy to promote consistency, certainty and clarity for the industry, and local residents alike."
