Ryan Morling, landlord of Woodlands Rhinos Club in Doncaster, said email discussions with police, which were “heated” and “emotional” and “never intended for the hearing”, were used as evidence as part of his application for a new premises licence, to authorise regulated entertainment and the sale of alcohol on and off the premises.
Morling was informed that the email exchanges would be used as evidence four working days before the hearing, when he was sent the agenda, but he said he had no idea that the discussions were ‘on the record’ beforehand.
'Unethical'
He said his emails were also posted publicly on Doncaster Metropolitan Borough Council’s website, which he claims is “unethical”, despite the fact he was successful in being granted a new licence.
Morling said: “It’s bad enough that responsible authorities engage with you in the consultation process, all the time knowing they will use it as evidence in your hearing while you remain oblivious, but to post it on the council’s website for all to see when a lot of the disagreement is about the Data Protection Act is madness.”
Common practice
He added the licensing committee confirmed that using email evidence without asking the applicant was common practice.
Morling has issued a complaint to the council and called for a change in policy, asking for licence applicants to be informed that emails and communications with authorities may be used as evidence should the application go to a hearing.
Investigation
Ken Keegan, chair of the licensing committee at the council, confirmed he had received a complaint from Morling and is “currently investigating”.
Speaking generally about the practice of using emails as evidence, James Anderson, partner at Poppleston Allen, said: “The council officer has a broad discretion but should not include, in my view, email exchanges with authorities unless to confirm an agreement
and — if he wants to — should ask for the views of the people concerned.”