Ban on pub's outside drinkers stays after third appeal

A London pub which was forced to ban people from drinking outside after 6pm has lost its third appeal against the decision.

The Endurance in Berwick Street, Soho, was hit with the ban by Westminster City Council, along with 11 other licence conditions after complaints about noise in 2008.

Another condition means smokers are only allowed to light up at the back of the pub after 6pm.

The operators appealed to the Magistrates Court only to have that appeal and a subsequent one to the High Court rejected.

And now a third appeal to the Court of Appeal has also been thrown out.

Cllr Brian Connell, Westminster's cabinet member for business, enterprise and skills, said: "We have tried to work with the pub to resolve this problem on several occasions. We regret that a review was necessary but we stand by our decision."

He added the council hoped it would be the "end of the matter".

But Julian Skeens of Jeffrey Green Russell solicitors, who has represented the pub, previously said the action was disproportionate as it was one serial complainer who had forced the hearing.

Patrick Marling, one of the pub's co-lessees, said revenue at the Endurance had fallen 35 per cent since the conditions were imposed, adding that the last two appeals had been over the way the original decision had been made.

"If it carries on like this the pub is in danger of closing," he said. "If it was a level playing field with other pubs in the area that would be fine, but it's not as we aren't allowed to let our customers drink outside."

The pub currently employs 17 people, he added.

It is understood the owners still have a chance to appeal again.