Beckenham bar beats cumulative impact ruling

A Beckenham bar has won the right to extend its opening hours despite being in a controversial cumulative impact zone.

Multiple operator GC Mallen won the right to extend trading at its Tonic Bar on Beckenham High Street, Kent until 2am on Fridays and Saturdays and 1am on other days at Bromley Magistrates Court.

Bromley Council had originally turned down the application because of its cumulative impact zone.

But Bromley Magistrates after taking into consideration the bar's good track record and the fact that it had previously opened until 2am under a Temporary Events Notice without any trouble.

The magistrates were highly critical of the Council's failure to provide "compelling evidence" to support their claim that extended hours would result in disorder and nuisance. Evidence from Licensing Officers was described as "highly speculative".

"I am delighted that the magistrates recognised the investment I have made in my business to ensure that we are well run and an asset to the local community, not a problem," said Tonic bar owner Gary Mallen.

"Hopefully my case will give heart to other city centre venues. If you are a good operator with a well run bar and evidence to support that, then you should not be denied a fair hearing."

Nick Bish, chief executive of the Association of Licensed Multiple Retailers, who worked with the company on the case, said: "The ruling upholds the principle that licensing decisions should be based on fact and evidence not assumption and prejudice.

"It also emphasises that cumulative impact policies can never be absolute. We hope councils up and down the country will take note."