Trade and councils await High Court decision

Local authorities and the pub trade alike are waiting with baited breath for a High Court ruling on the new Licensing Act.

There are also hopes that the ruling could spur more licensees into applying for their new licences under the Act.

As many as 30 councils are still believed to be standing by policies which the British Beer & Pub Association, the Association of Licensed Multiple Retailers and the BII all believe have gone beyond the framework of the new Act.

In what is being seen as a test case, the trade's action against Canterbury Council's interpretation of the Act was heard at the Royal Courts of Justice in London this week.

The case hangs in the balance after Justice Richards warned that changing the policy could lead to disarray.

"If I was to find in your favour and quash the policy, is that not a recipe for chaos? You are creating even greater difficulties," he told barrister David Matthias, representing the pub industry.

The trade claims Canterbury Council's policy dictates to licensees and requests unnecessary information.

But Mark Lowe QC, representing Canterbury Council, said much of the licensing document contained the "language of expectation" and made recommendations to licensees, but it was not unlawful.

On health and safety assessments, he said: "It speaks to these employers in a language they should understand and is part of the light-touch of bureaucracy."

In relation to the number of drinkers who can be allowed in a pub, Mr Lowe said: "We suggest identification of capacity is something that lies within the law for the discretion of the licensing authority."

Doncaster and Gloucester Councils, which have also faced the threat of legal action for their over-zealous policies, have agreed to make amendments following discussions with the industry's solicitors Poppleston Allen.

Final amendments to the Gloucester policy are due to be agreed at a full council meeting on July 28.

Earlier in the case, Mr Matt-hias claimed that Canterbury's policy "flies in the face of the light touch of bureaucracy".

But Mr Lowe warned that if the council's policy was quashed it would leave it just under two months to adjust it which he predicted would lead to "administrative chaos".

A decision on the case will be covered on thePublican.com when it happens.