Leading pub associations are taking three councils to court over their licensing policies, which they believe overstep the mark under the new alcohol licensing laws.
The British Institute of InnKeeping (BII), the British Beer & Pub Association (BBPA) and the Association of Licensed Multiple Retailers (ALMR) have lodged a request at the Royal Courts of Justice for a judicial review of several licensing policies.
|
 |
|
McNamara: trying to establish a precedent in the courts |
The councils under scrutiny include Gloucester, Canterbury and Doncaster, although up to 30 other councils are adopting policies that the associations believe abuse their position.
John McNamara, chief executive of the BII, told Caterer the action had been taken to ensure a level playing field for licensees in England and Wales.
"We have seen a lot of good licensing polices," McNamara said, "but there are some councils acting outside the law, which is why we are trying to establish a precedent in the courts."
He added that some licensing authorities were still confused over how to implement the act, while others hadn't taken enough time to consult the trade in their rush to publish policies before the January deadline.
This has meant some councils slapping unnecessary demands on licensees, as in the case of Brampton hotelier Nick Steiger, whose Huntingdonshire council is demanding a personal licence holder be on site at all times alcohol is sold.
A spokesman for the Local Authorities Co-ordinators of Regulatory Services said: "Our role is to provide local authorities with guidance and advice and help facilitate consistency within regulatory services.
"However, it is the responsibility of local authorities to determine how to enforce new legislation in their local communities and these responsibilities will be confirmed by the courts."
Buy this week's Caterer magazine for more industry news and analysis