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| Landmark ruling on pub hours
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Judge comes down in favour of community
CAMPAIGNERS against late licences have won the right to appear
in appeal hearings following a landmark court ruling.
In a test case, the Meard and Dean Street Residents’ Association
(MDSRA) and the Soho Society challenged the government’s Licensing
Act claiming their human rights were breached as they were barred
from giving evidence to appeal courts.
District Judge Quentin Purdy ruled the government made an “error”
when it excluded individuals from the appeal process. The victory
could trigger dozens of cases across the country with residents
challenging late licences granted by a local authority.
At a pre-appeal hearing for the Candy Bar, in Carlisle Street, Soho,
which is trying to overturn Westminster Council’s decision
not to grant a late licence, he said people should be treated on
equal terms as the local authority.
Judge Purdy said the Licensing Act 2003 should allow interested
parties, other than just the applicants, to take part in hearings.
He thanked the Soho Society for their “comprehensive written
argument and powerful oral submissions”.
The campaigners defeated barristers from the council and licensing
trade. David Bieda, of the MDSRA and the Soho Society, described
it as a “victory” for residents. He said: “This is
an important vic-tory for the most basic rights – the right
to be heard and to give evidence on matters affecting our lives.
“This decision makes it clear that (other parties) have the
fundamental right to be heard in appeals rather than relying on
being called as witnesses by the licensing authority.”
Phillippa Suarez, of the Soho Society, said: “It is brilliant
to beat the council on this. They have no right to say whether we
can contend an appeal.
There are places for people to go in Soho at all times and we feel
there is no need for longer drinking hours.”
But Cllr Audrey Lewis, Westminster’s community protection boss,
claimed the council has “never represented against residents”.
She said: “The council is perfectly content with the decision
to give residents the choice to give evidence or to be our witnesses.”
Until the ruling last Friday, individuals could be called as witnesses
by the licensing authority but not as independent parties.
Westminster’s Labour leader Cllr Paul Dimoldenberg described
the win as a “tribute to the determination of residents”
but vowed to support the council in appeals against licensees. Kim
Lucas, of the Candy Bar, said: “I’m not concerned with
the decision.
“Nothing has changed for us. We should not have been refused
in the first place.”
A date for appeal hearing is due to be set within a week. |
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