main content First Licensing Appeals in Bromley

The first licensing appeals under the new Government legislation were withdrawn at Bromley Magistrate’s Court yesterday. Local residents were appealing against the licence extensions which had been granted, but withdrew their action following legal evidence. The Court heard that grounds for appeal should be set against one or more of the 4 national licensing objectives on which the licensing decision was originally based.

“We have learnt some valuable lessons from this. It is crucial that before appealing people base their case on the licensing objectives as outlined in our policy. Residents may feel that it is more appropriate to ask the Council to “review” a particular licence rather than appeal. But in both cases the evidence must be credible and persuasive” said Councillor Tony Owen, Chairman of Licensing Committee.

The Council’s licensing policy is based upon the consideration of 4 licensing objectives:

• Preventing crime and disorder. 
• Protecting public safety. 
• Preventing public nuisance. 
• Protecting children from harm.

Those appealing are required to address one or more of the 4 licensing objectives that they believe are in breach under the licence that has been granted.

Under the new legislation residents are also able to ask the Council to formally review a premises licence. The review can take place at any time after a licence comes into operation. Generally, time is required to collate substantial evidence against a failure to promote the 4 licensing objectives. The evidence would typically include a diary of events or incidents supported by other witness statements and a record of complaints made to responsible authorities such as the Police.

Residents neighbouring the Queens Head Public House, High Street, Chislehurst and Elmer Lodge Public House, Dunbar Avenue, Beckenham withdrew their appeals. The extensions granted by the Council’s licensing committee will continue to apply. So far, 16 licensing appeals have been set under the new licensing laws. The appeals so far are due to be heard up to April 2006.

ENDS

Notes to editors: 

• In 2001, the Government announced plans to reform the country's licensing laws. The changes started to come into place on 7th February 2005, with the new regime finally taking over on Thursday 24th November 2005. It affects premises selling alcohol.
• With the licence extension the closing time, with conditions, for the Queens Head Public House is 12.30am Monday to Sunday.
• With the licence extension the closing time, with conditions, for the Elmer Lodge Public House is 11.30pm Sunday to Thursday, 12.00am Friday and Saturday. 
  
• For media enquiries, please contact Amy Bevins, Strategy Development Officer, on 020 8313 4738, or Paul Lehane, Licensing Team Leader on 020 8313 4216 or email amy.bevins@bromley.gov.uk