Judicial Review

The High Court has stated that a full judicial review of the local authority licensing policies of Gloucester and Canterbury can proceed, in a case brought by the British Beer & Pub Association (BBPA), Association of Licensed Multiple Retailers (ALMR) and BII-professional body for the licensed retail sector, last Friday.

This clears the way for a detailed hearing into what powers local authorities have under the new Licensing regime.

The industry’s case is that the policies of Gloucester and Canterbury require a series of detailed pieces of information to be provided, and actions to be taken, by licensees, which are not in fact necessary under the Act.

The Associations’ view is that not only is this unlawful, but it places licensees under a considerable bureaucratic burden, places unnecessary restrictions on their business, imposes punitive costs and exposes them to the threat of criminal action for breaching conditions that are, in fact, not required. As a consequence, many licensees are tying themselves up in knots trying to meet unwarranted conditions in their applications.

While Gloucester and Canterbury have been singled out, they are not unique. There are a further 30 councils that fall into this category. It is hoped that should the action succeed, they will amend their policies accordingly and follow the example of Doncaster. A planned legal action against Doncaster has been adjourned as they have been liaising with the industry and amending their policy to meet the concerns expressed.

The full hearing is anticipated in mid-June.

Mark Hastings, Director of Communications, BBPA Tel: 020 7627 9151

Christine Milburn, Communications Manager, BBPA Tel: 020 7627 9156

Nick Bish, Chief Executive, ALMR Tel: 020 8579 2404

John McNamara, Chief Executive, BII Tel: 01276 684449