Court to rule over council's refusal to extend hours

The pub trade is waiting for the results of a landmark High Court case which could open the floodgates against local authority licensing policies.

A judicial review against Guildford Borough Council by pub chain JD Wetherspoon was heard in the High Court this Tuesday and Wednesday, with a ruling expected next week.

The case was taken after the council refused its application for a three-hour extension at one of its pubs.

Wetherspoon's lawyers argued that the council's "cumulative impact" policy for the area should only apply to applications for new licences - not to applications to increase opening hours on existing ones.

This case could have a knock-on effect on other local authorities such as Westminster City Council, which last week claimed success over its controversial licensing policy and its "designated stress" area.

The council says 28 licensing appeals have been withdrawn by operators after four appeals were lost in the magistrates court.

Westminster had earmarked three zones as designated stress areas, which it believes are already saturated with licensed premises.

It says it is highly unlikely to grant extended hours or new licences in these areas.

Cllr Audrey Lewis, Westminster's cabinet member for licensing, said: "We always thought that the strength of the Licensing Act would be judged by the success of the appeals process.

"Judging by the number of licensees who have withdrawn their appeals, the message is clearly getting out that Westminster's stress area policy is solid and will not be easily overturned".

However, the trade is still keen to take action against the council and its policy.

Alex Salussolia, managing director of Glendola Leisure and head of Westminster Licensees Association, said: "We are very sad that the Westminster policy flies in the face of licensing reform.

"Westminster is taking an antiquated view on it."

He indicated that there is still likely to be a challenge in the courts to Westminster's policy.

The Association of Licensed Multiple Retailers (ALMR) has received some support in its bid to mount a legal challenge against Westminster City Council over its handling of the Licensing Act.

However, ALMR chief executive Nick Bish told The Publican it was too early for any action to be taken.