Newcastle 'could face legal challenge' over JDW hours refusal

The managed pub operator had sought permission to remove authorisation to sell alcohol during the levy period at three of its pubs, as long as the levy was in place, but the move was rejected by the authority’s licensing sub-committee last week.

It had sparked opposition from the council and police who both claimed that the variation and subsequent reinstatement of hours post levy could undermine the licensing objectives. The committee added that it had to be consistent with the advice given to other operators against such applications.

JDW refused to comment on whether it will challenge the decision but Poppleston Allen solicitor Andy Grimsey said “there is certainly scope for [JDW] to win an appeal”.

He said: “One of the main reasons for [the council’s] decision was to be consistent. But, of course, the counter to that is you can be consistently wrong. The fact that you might have given wrong advice in the past doesn’t mean you should carry on giving wrong advice or making wrong decisions in the present.”

No legal precedent​

He added that while local authority decisions do not establish any binding legal precedent they “can be quite persuasive” when it comes to similar cases heard by other councils.

Leading licensing barrister Philip Kolvin QC provided written advice to JDW, which was presented at the hearing, following the objections.

He said a refusal to grant the application “would be unlawful” and he has “no doubt that the High Court would hold it to be so”.

'Baseless'​

He said: “It is simply baseless to suggest that [the variation] might undermine the licensing objectives, and unsurprisingly no basis for the suggestion is given.”

Earlier this month, Nottingham City Council’s licensing committee agreed to vary the licence of Wetherspoon’s pub the Company Inn in Castle Wharf to remove authorisation to sell alcohol after midnight for as long as a late-night levy is enforced.

The variation was granted on the condition that if a levy is withdrawn in the city, JDW would have to give 28 days’ notice to police before its original 2am licence can be restored.

Draft House founder Charlie McVeigh said the company’s City of London outlet was granted a reduction in its hours to avoid paying the levy. However, he said he had not asked for the original hours to be reinstated if the levy is withdrawn.

Pubs in Islington, Nottingham and Chelmsford began paying a late-night levy on Saturday.