Late licence objections 'not allowed'

Late objections to premises licence applications will no longer be considered, following a landmark ruling last week.

The Administrative Court, Queen's Bench Division, decided in a case between Westminster Council and the Albert Hall in London, that late objections to licensing matters will no longer be admitted.

This runs against an earlier case of Miss Behavin' v Belfast City Council case where the House of Lords decided that they could be admitted.

The Albert Hall had applied for a variation to its licence to add boxing, wrestling, late night refreshment and an extension of hours at the beginning of the day, and the Council duly informed residents of the planned change to allow them to lodge objections.

However the problem arose when a computer-generated perimeter failed to include a swathe of nearby residents, who were omitted from the mailing informing them of the change.

When they discovered afterwards, and tried to object, their late admissions were refused.

The judge confirmed that late representations should not be admitted under the terms of the Licensing Act 2003, given the act's clear guidelines on the timing for objections.

But the variation was quashed because the council's actions in informing residents were "so bad as to be irrational".

Morning Advertiser's legal editor, Peter Coulson, said: "An applicant who reaches the end of 28 days without a representation being made is entitled to consider that his application is granted as proposed."