Appeal Court Says Village Off-Licence Can Continue To Sell Alcohol

December 2007

An off-licence in Scotter, Lincolnshire were successful in their appeals in the Lincoln Magistrates Court on 6 December '07 and are permitted to continue to sell alcohol at the village store.

The store was subject to five test purchase operations carried out jointly by Lincolnshire Police and Lincolnshire Trading Standards earlier this year. Although the premises only failed two of the five test purchases Lincolnshire Police applied for a review of the Premises Licence to West Lindsey District Council. At a hearing in August '07 the licensing sub-committee of WLDC decided to revoke the licence in spite of the fact that the premises had put into place measure to prevent any under age sales occurring again. The owners of the store then contacted Michael Kheng of Kurnia Licensing Consultants, based in Lincolnshire, to advise them on what could be done. Kurnia made an immediate application for an appeal against the decision and also simultaneously submitted an application for a new Premises Licence, as the store wanted to be to open for hours longer than they were already permitted.

The police and trading standards objected to the new application and the matter determined at a hearing of the licensing sub-committee in October '07. At this hearing, despite Kurnia giving evidence that control measures had been put in place at the premises, WLDC decided to refuse the application.

Another application to appeal the decision of WLDC was made making this possibly the first case under the new law to have two appeals running concurrently for the same premises. Lincoln Magistrates decided that both appeals would be listed on the same day in front of a District Judge.

After a full day at Lincoln Magistrates court the District Judge concluded that there was no evidence to prove that there had been a systematic failure at the premises and was satisfied that there had been significant improvements made at the premises. A great deal of the hearing circled around the police requesting that a condition be placed on the licence that every member of staff attains an accredited qualification. Kurnia argued that this was both impractical and costly and showed that their bespoke training package would suffice. The District Judge was happy with the training and granted the application for the new Premises Licence subject only to the conditions that were offered in the original application.

The Premises Licence holder said after the hearing that he was satisfied that at last the magistrates’ have corrected what the council should have decided. It is crazy that we have had to spend a day in court and have to pay all the costs to prove that the council made the wrong decision. What the councils do not seem to realise is how much their mistake has cost me. There wrong decision has today cost me in excess of £2,000.

Michael Kheng, of Kurnia, said that it now costs an applicant £400 just to lodge an appeal. When a licensing committee makes a the wrong decision the applicant really has to think hard whether to appeal or not as the magistrates’ do not seem to want to order costs in favour of the applicant. This appeal was fought jointly between Kurnia and Stuart Paris of Anthony Clark & Co Solicitors based in Lincoln and is one of a number of successful appeals that we have so far dealt with under the new licensing act.