Licence reviews may be illegal

Pub and club bosses in court threat over council move

PUB and club bosses are opposing Oldham Council’s decision to review the licences of 22 premises amid claims such a move is illegal.

Trade leaders believe the council’s unprecedented wholesale review, intended to quash trouble caused by cut-price drinks promotions, violates the Licensing Act as it constitutes a blanket action against the venues.

They will seek a judicial review if the council presses ahead.

Trading standards officers are proposing restrictions such as a strict queuing system, a limit on how many drinks people can buy at any one time, extra door staff and pubs and clubs to fund extra police officers.

Paul Smith, executive director of Noctis, a company that represents late-night establishments, said: “We are questioning the legality of serving 22 review notices at the same time. That seems to be against what the Licensing Act says, which is geared towards individual premises and individual disorders.

“Licensees should be spoken to before review procedures are instigated and I don’t think that’s happened either.

“There aren’t legal powers to stop drinks promotions at the moment but the policing and crime bill proposed for the end of the year may have measures to stop these promotions.

“We have taken legal advice. We are advocating sitting around the table and having a discussion, which would be better than taking legal proceedings.

“But if it has to be legal proceedings, so be it. A judicial review would be the most obvious way of addressing that.”

Noctis does not support all-inclusive drinks deals, which Mr Smith said are happening because venues are trying to entice customers who are drinking at home to save money before going out later.

Once one venue sets a low price others feel pressured to follow.

The British Beer and Pub Association also questioned the review’s legality. A spokesman said some Oldham pubs felt they were all being demonised.

He added: “We support the objectives of Oldham to eradicate irresponsible promotions but we do believe that they are going about it in the wrong way and a way that’s outside the Licensing Act.

“The way to address this issue is to target a particular venue with a particular solution, rather than a blanket solution outside the law.

“We would be more than happy to talk with Oldham about other ways of addressing the issues.”

Drinks promotions, including a January £5.99 “all you can drink” sale at Tokyo nightclub, have been branded irresponsible but have proved popular during the recession.

Action was taken after Brownz, in Yorkshire Street, was temporarily closed last month following an emergency review after three people were stabbed outside the club in the early hours.

Councillor Mark Alcock said: “We have taken legal advice and our view is that what we are looking to do is proportionate and reasonable as our goal is to make Oldham town centre a thriving place where people can come safely day and night.

“We have to address people’s concerns and make it safer for everyone. We are talking with these groups at present.”