Published:
How we helped nighttime hotspot successfully keep its licence
A highly popular late-night venue which has been successfully trading since the 1970’s in West Yorkshire was on the receiving end of a premises licence review.
West Yorkshire police brought the review following a spate of incidents of noisy customers, fights and road traffic collisions.
The licensing legal problem:
The police presented CCTV and mobile phone footage showing groups of people behaving in a loud and disorderly manner near the premises. They argued that this constituted a failure to uphold the Licensing Act 2003 objective of preventing public nuisance. Additionally, the police cited incidents of violence that occurred outside the premises as further evidence of a failure to promote the licensing objective of preventing crime and disorder.
As part of their review application, the police argued that reducing the licensed hours from 2am to 11pm was both appropriate and proportionate.
The legal value we added:
Associate Solicitor Joe Harvey was instructed to advise and represent the late-night venue at the licensing review.
After assessing the application, Harvey used an acoustic report to demonstrate that noise from pedestrians on the street was not as loud as the police suggested in their application. A local councillor and other local businesses supported this argument. It was also successfully argued that many of the issues raised were the responsibility of other operators, making it unfair to blame the premises for the personal conduct of individuals away from the premises.
Harvey highlighted that the premises has traded well for many years and it continues to make a positive impact on the local community and sensible measures that further promote the licensing objectives were implemented.
Results
After a successful hearing, the councillors accepted the proposals and did not reduce the licensed hours of the premises.
Had the police’s request been granted, it could have marked the end of the premises’ long history of trading for over 50 years.
To see how our teams could help, contact the London office on 0203 859 7760 or Nottingham on 0115 953 8500.