Crucial pubwatch decision on hold

The licensed trade must wait for a test case ruling on the legality of pubwatch bans.

A judge at London's High Court has reserved judgment to give a ruling later in the case of Haverhill builder, Francis James Boyle, who challenges a ban which bars him from every pub in his home town.

The outcome of the case could have wide ranging ramifications for other similar schemes the country over. However, in final arguments the court was told that even if he wins his High Court case he could still remain barred from all the pubs in town.

Individual licensees would be within their rights to ban him from their premises. Boyle, 46, of Elm Close, Haverhill, says what has been branded an "illegal and unfair" ban has "ruined" his life, work and reputation and is urging Judge David Mackie QC to overturn it.

Lawyers for Boyle argue that the Pubwatch scheme exercises public functions and is, therefore, a body whose decisions can be challenged through the courts. The decision to bar him was illegal and irrational because he was denied a fair hearing or given adequate reasons for the decision, in violation of his human rights, they say.

The case began a month ago and returned to court on Monday following a month-long adjournment.

Barrister Stephen Walsh QC, representing "interested party" JD Wetherspoon, told the judge that, even if successful, Boyle could remain barred from the town's licensed premises.

"An occupier of a pub or restaurant or private home has a common law right to refuse access for whatever reason he chooses, or for none at all," he told the court.

"Similarly, if another publican, knowing a person has been barred from neighbouring premises, decides to bar him from his own, he is entitled to do so and no-one in this case argues that he isn't."

Boyle was first banned from the town's licensed premises after an incident in the Black Horse pub, in Camps Road, in December 2006. He was never prosecuted for any offence in relation to the incident and says he was the victim of an attack, doing nothing more than defend himself.