Legal Q&A: Licence review request
Licence review request
Q: I run a busy town centre nightclub that trades until 3am on a Friday and Saturday night. I manage the premises and have always enjoyed a positive relationship with the police and the licensing authority. Following a recent unfortunate incident at the premises, I was invited to attend a meeting with the police and licensing authority to discuss concerns. It seems a police officer was injured when responding to deal with an incident. The business has won a local night-time economy award in each of the past three years. But the police have asked for a review of the licence. Can they do this on the basis of one incident when we are one of the best operators in the area?
A: It is possible for the police, responsible authority or a local resident to ask for a review of your premises licence at any time. It is unusual for a review to be requested following a single incident. The police may use the summary review procedure where there has been a very serious incident but this is normally in cases involving a stabbing or shooting. A normal review is usually reserved for situations where there has been a run of incidents at the premises and where management has failed to adequately respond to police advice.
The fact you have repeatedly won awards is helpful in demonstrating your commitment to the promotion of the licensing objectives but does not protect you against action. It would be advisable to seek legal advice because the licensing committee has significant powers on hearing a review of the licence, including revocation.
Complaint over access
Q: I manage a busy town-centre bar and we have received a complaint from a customer who arrived at the premises in a wheelchair accompanied by friends. The premises was very busy and my deputy took the view it would not be safe to allow this group of customers in because access would have been difficult and he was concerned about the customer’s ability to move around safely without the potential for causing injuries to customers. What should I do?
A: Situations like this are difficult to resolve. You need to balance the rights of customers to have access to your premises regardless of any disability and preserve the health, safety and welfare of other customers.
It would be sensible to demonstrate from a due diligence perspective that full consideration was given to the options in terms of enabling the customer in the wheelchair to come into the premises and perhaps occupy a corner area where the risk to all would be minimised. If it was impossible to achieve, details ought to be recorded in the incident book.
