Challenge To Liverpool's Late Night Levy dismissed

The High Court has dismissed a challenge to the decision of Liverpool City Council, to introduce a late night levy. The Levy, was introduced in the City from the 1st April 2017 and we were instructed by a number of premises, to advise them upon it.

A local Pub Chain, decided to bring a Judicial Review against the Council decision to implement it, relying on a number of grounds including;

• A challenge to the quality of local consultation on the proposal.
• The method of this consultation both electronically and at street level.
• The date decided upon for the implementation of the levy, which was different to the date consulted upon.
• A complaint that the Councils Licensing and Gambling Sub-Committee had not supported a full adoption, but the Full Council then made the opposite decision.
• Criticism that the ultimate vote had been whipped upon party lines to pass the Levy.

The High Court refused permission to the bring the claim. In the Judgement, it was found that the Court felt;

• The Consultation responses had been properly taken into account.
• Rejection of the challenge based on the date of the implementation, the court felt there was little comment regarding this during the consultation itself.
• The full council was entitled to take a differing view to the subordinate committee.
• That there was no basis for an allegation that a decision following a Whip was either unlawful or irrational.

Costs were ordered in favour of Liverpool City Council who had instructed Philip Kolvin QC of Cornerstone Barristers.

Should you require any advice regarding a Late Night Levy implementation in your area, please contact us.