Groundbreaking case highlights unclear DCMS licensing guidance

By Gurjit Degun

- Last updated on GMT

Related tags Law

Groundbreaking case highlights unclear DCMS licensing guidance
A groundbreaking case has highlighted the Department for Culture, Media and Sport guidance on licence reviews is unclear, as a District Judge has ruled that during an appeal a nightclub had the right to stay open.

Halton Borough Council suspended the premises licence as an ‘interim step’ at the Chambers in Runcorn, Halton, Cheshire, after police applied for a summary review.

Police can apply for a review if they believe the premises is associated with serious crime or disorder. The review must take place within 48 hours, during which the local authority can take ‘interim steps’ such as suspending the licence. This can happen without the licensee being present or represented.

At the full review on 19 September 2011, the premises licence was suspended for three months.

Confusion arose on whether the interim steps continued to have effect during the appeal proceedings. The DCMS Guidance on Expedited/Summary Reviews (paragraph 6.2) advises that where an appeal is lodged, the interim steps continue until the appeal is finalised.

With guidance from his Counsel, licensee Gary Oates then appealed the decision, during which he reopened the venue.

However, the police issued three Closure Notices under Section 19 of the Criminal Justice and Police Act 2001, and then applied for a Closure Order, alleging that the premises were being used for the unauthorised sale of alcohol.

When the case was taken to District Judge Knight on 19 December 2011, she said that as the section of the guidance is entitled “interim steps pending review” then this means that Oates was allowed to keep his nightclub open during his appeal process.

PMA legal editor Peter Coulson said: “The judge said that the interim steps do not survive the review, because they are only interim. So Mr Oates should have been allowed to re-open his club until his appeal against the suspension was heard by the magistrates.

"The police should not have slapped closure notices on him for trying to open during that time.”

Related topics Legislation Health & safety

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