Victory in Pubwatch court case
National Pubwatch is celebrating today after a judge ruled that pubs have an "unrestricted right" to ban amyone from their premises.
The High Court ruling followed an application by Haverhill builder Francis Boyle after member's of the Essex town's Pubwatch agreed to extend a two-year ban on him from all premises taking part in the scheme.
In his ruling Judge Mackie QC concluded that licensees had the right to form groups and to pool information regarding potential troublemakers.
He concluded that the only basis for argument on banning decisions where a judicial review might be appropriate depended on the involvement of the police or local authority in the decision.
The application for judicial review was defended by lawyers Kinglsey Napley LLP on behalf of managed operator JD Wetherspoon who feared the case could have "far-reaching implications for the trade"
Melinka Berridge from Kingsley Napley LLP said: "JD Wetherspoon has always recognised the importance of participation in local pubwatch schemes. Equally, they welcome the support and encouragement of the Police and the local authorities and recognise that without that support a great number of local schemes would operate far less effectively than they are currently able to.
"However, given the rapid expansion of local pubwatch schemes in recent years, clarification was needed as to what level of public support is appropriate before those schemes will be viewed as exercising public rather than private functions.
"This is particularly important because in the large those who are involved in the licensed trade are ill-equipped in terms of expertise or resources to be parties to a body which might exercise public functions with all the duties and responsibilities that would entail."
