Pubs at risk of summary review following single violent incident

The William the Conquerer pub in Newham, east London, had its licence revoked following a six-month suspension after a customer was assaulted and seriously injured when he was lawfully ejected from the premises. The incident involved another customer and the licensee’s husband. The revocation of the licence is currently subject to an appeal at the Magistrates’ Court and this is due to be heard in April.

Single incident​

Licensee Sharanjeet Lalli challenged the signing of the section 53 certificate (summary review) by the police at the High Court on the basis that there had been no track record of crime and disorder at the venue, but in a High Court case heard this month Judge John Howell QC ruled: “There is no requirement that the licensed premises must be persistently associated, or that they have been repeatedly associated or associated more than once, with serious crime or serious disorder.

“They may be associated with serious crime or serious disorder on the basis of a single incident of serious disorder or a single serious crime.”

The ruling sets a precedent for other licensed premises to be taken to summary review following a single violent incident.

If a pub is taken to summary or expedited review a licensing authority has the power to impose interim steps, which can include an immediate suspension of the licence or imposing conditions, ahead of a full review. If these steps are then maintained following the review the premises can appeal to the magistrates court but these steps will remain in place pending the appeal, unlike in a normal review.

'No track record'​

David Dadds, who represented the licensee during the case, has appealed the ruling.

Dadds said: “We believe that the licensee’s husband did not cause the injury that led to the customer being hospitalised. The customer pursued Mr Lalli and Mr Lalli defended himself. The customer was then assaulted outside the premises by another customer who, the CCTV footage shows, punched him once and caused him to fall to the ground and strike his head.

“There has been no history of any crime or disorder in the four years the licensee has been running the premises. For the police to apply for a section 53 expedited review of the premises licence held in respect of the pub on the basis that it has been associated with​ serious crime and disorder is wrong.

“The premises has performed so well in promoting the licensing objectives that the council granted an extension to its hours two years ago, despite the fact it is in a cumulative impact zone.”

Precedent​

He added: “The effect of this is that any holder of a premises licence who may have operated their premises without any crime or disorder whatsoever and without any cause for concern for any number of years, that experiences a single incident on their premises involving violence, say a single punch or kick during a lawful ejection, will be left open to an expedited review being called against them and the potential for a very long period of suspension until the matter is heard either at the Council or the Magistrates’ Court, a process which can take many months.

“Of course, such incidents happen in great numbers across the country every week, sometimes as a result of failings at a premises but very often due to no fault of the holder of the licence and despite their best efforts to prevent such undesirable incidents from occurring.”

Jeremy Phillips, the barrister instructed to represent the licensee, said: “It sets a precedent and that’s why we’re very concerned about it. It was an over-reaction on behalf of the police of what began as a lawful eviction by a licensee.”