Host wins Oldham test case

Oldham licensee Patrick Kelly has defeated an attempt to force hard-line restrictions on trading that are being sought throughout the town.

Blanket restrictions being suggested at all town centre bars by trading standards officers include a post-office style "queue" system for promotional drinks, no table service for drinks, and seven days' notice to the council for drinks promotions.

But the town's licensing committee ruled there was insufficient evidence of disorder at the Mess House pub resulting from irresponsible drinks promotions to justify the conditions.

Host Patrick Kelly is so far the only licensee out of 22 premises in the town centre to fight trading standards' attempts to drive through the restrictions.

Kelly's success in this week's "David v Goliath" battle may now mean other premises could review their position and fight the proposals.

It is understood a number of pubs have already accepted the controversial list of restrictions proposed by trading standards to avoid the review proceedings.

Other premises have accepted a number of the conditions even though they disagree with the authority's bid to impose general re-strictions. Kelly's legal representative, barrister David Dadds, argued that trading standards had no right to cite generic issues of irresponsible drinking and disorder in Oldham town centre to justify its actions.

Dadds said: "There was no specific evidence cited against the Mess House as review proceedings require and our contention was the application was fundamentally flawed.

"We asked trading standards to supply us with the necessary evidence before the review hearing, but they did not respond.

"It has taken considerable courage for my client to oppose this application, but he remained adamant that he operates a well-run pub and provides a safe environment for his customers."

The only drinks promotion that Kelly had ever run at the Mess House was an offer of two bottles of Becks for £4.

Both the British Beer & Pub Association and late-night bar operator trade body, Noctis, which had expressed reservations about Oldham's proposals, welcomed this week's decision.

BBPA northern regional secretary Lee Le Clercq said: "We feel all premises should be treated individually on their own merits.

"Government's mandatory code in the Policing & Crime Bill also seeks to take action against multiple numbers of premises, which is unfair and disproportionate."

Paul Smith, executive director of Noctis, added: "If there are specific reasons to take an individual premises to review then they should use them."